Otago Daily Times
April 17, 2004

Inquiry not looking at police morals
NZPA

The Commission of Inquiry looking into allegations of police misconduct says it will not be undertaking a general investigation of the private morality of police officers.

The inquiry, which was established after Rotorua woman Louise Nicholas alleged she was pack-raped in the 1980s by three police officers, begins hearings next month. It will also look into other rape allegations which have since emerged.

The commission yesterday issued its first ruling, outlining definitions of sexual assault and unprofessional behaviour following representations from the New Zealand Police Association and others.

It also confirmed it would cover complaints from January 1, 1979, to the present day.

"That may have to be reviewed in light of issues which come to attention, but in the meantime, that is the span in which we have interest," the commission said in a statement.

It said its approach would be that the inquiry was based on concerns of people who alleged they had been inappropriately treated by police or their associates, had complained about it and remained dissatisfied with the response.

"Obviously, we will be concerned about behaviour which could be unlawful," the commission said.

"We will be anxious to know whether there is other sexual conduct that impinges upon, or has a nexus with, an alleged wrongdoers position as a member of the New Zealand police.

"We are not undertaking a general inquiry into the moral behaviour of police officers in their private capacity which properly has no consequence for their work as a police officer."

The commission acknowledged there were serious and legitimate concerns about the difficulties in laying complaints about sexual abuse, but said that was a far-reaching inquiry and not in its brief, except where it related to the police force.

The commission stressed the inquiry was not an adversarial hearing.

"The normal approach which applies in a criminal trial is inappropriate and would be unhelpful."

The commission said a number of submissions had been made regarding the reported possibility the Government would meet the legal costs of complainants.

"We have no evidence about this possibility," the commission said.

"It is not an issue which has been initiated by the commission or which has in any way been influenced by us."

Evidence would be led by counsel assisting the commission, but no impediment would be placed in front of people who wanted to retain their own lawyer.

"The financing of such representation is not within the power or control of the commission and those requiring assistance will need to seek it elsewhere," the commission said. - NZPA