The Dominion Post
April 16, 2004
Government won't pay rape inquiry legal bills
by Gordon Jon Thompson
The Government will
not pay the legal bills of those involved in police rape allegation inquiries.
But it is understood it may appoint lawyers to help people giving evidence at a
commission of inquiry into the allegations. The commission will look at police
handling of rape complaints against serving officers.
Calls have been made for the Government to help meet the legal costs of women
who have come forward to the inquiry. Others likely to be involved are also
seeking help.
But Attorney-General Margaret Wilson said yesterday the Government could only
help in the inquiry, which was separate from police investigations into the
allegations.
"The commission of inquiry is not a court of law, it's not an adversarial
process to try and attribute guilt or innocence."
Legal costs already incurred by complainants and others involved had not been
considered as they were separate from the inquiry.
Two lawyers had been appointed to help the inquiry and they would also be
available for people involved, she said.
Another possible option would be to appoint another lawyer, independent of the
commission, to help those involved. The issue will go to Monday's Cabinet
meeting.
Ms Wilson did not think it was necessary for taxpayers to pay for people to
have lawyers sitting through the inquiry.
The commission was set up after Rotorua woman Louise Nicholas alleged she was
pack-raped in the 1980s by three police officers. Other rape allegations have
since emerged.
The hearings start next month.
Former police officer John Dewar is under the spotlight for allegedly
mishandling the investigation into Mrs Nicholas' complaint.
His lawyer, Giles Brant, declined comment. However, in a letter to the inquiry
he said his client wanted to prepare for the hearings but could not do so
properly because of the costs involved.
"Our client is concerned that his status and funding of his costs are not
being attended in a timely way. Indeed our client takes the view he is being
fobbed off," the letter said.
Mr Dewar could not "help but see the foreboding shadow of the state ...
and all its resources being rallied against him".
In the letter, Mr Brant referred to a 1966 royal commission of inquiry that
developed six principles to be observed for people involved in inquiries. These
included meeting their legal expenses out of public funds, being questioned by
their own lawyers and having lawyers cross-examine other witnesses.
Mrs Nicholas alleges