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
"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