The Press
May 5, 2004

Open files - committee
by Paul Mulrooney

A parliamentary select committee has ruled that a commission of inquiry investigating historic rape allegations against police can inspect formerly secret police complaints files.

Parliament's law and order select committee has recommended that temporary provisions in the Police Complaints Authority Amendment Bill be granted allowing the commission to inspect secret police files.

The commission should be able to decide itself whether some secret evidence should be suppressed, it said.

The proposed change would open to the inquiry thousands of files containing the evidence of witnesses previously assured that their evidence would be kept secret.

Parliament is expected to debate the second reading of the bill tomorrow.

Police Association president Greg O'Connor believed the inquiry's objectives could still be achieved while maintaining the secrecy of names mentioned in secret evidence.

But the committee said the commission should have discretion to decide whether evidence should be suppressed. The inquiry was set up to investigate allegations by Louise Nicholas she was pack-raped by Auckland police commander Assistant Commissioner Clint Rickards, and two former officers, Bob Schollum and Brad Shipton. The men deny the allegations and say sex with Nicholas was consensual.

The committee said: "We disagree that information and evidence obtained as a result of the bill should be automatically suppressed by a provision in the bill.

"We consider that legislated automatic suppression of information obtained may open up the commission and Parliament to criticism, as it could be seen as compelling the commission to operate in secrecy."

Because of the inquiry's "unique circumstances", the bill's provisions should apply only to this commission, it said. "The commission has been tasked with inquiring into police conduct, and the information held by the authority under its obligation of secrecy is relevant to its ability to fulfil its terms of reference. We do not anticipate that this unique situation will arise again."

O'Connor wondered whether such assurances could be guaranteed. "Who is to say that once it's been done once it won't be done next time. How will anyone have that same reassurance in the future?"

A spokesman for Justice Minister Phil Goff's office said the bill would apply only to this commission and expire one year after it reported to the Governor-General.