NZ Herald
May 24 2004 16:00
More delays likely in police pack rape commission inquiry
Evidence relating
to women who have claimed they were raped by police officers is unlikely to be
heard by a Commission of Inquiry into police conduct until at least July,
commission head Justice Bruce Robertson said today.
The commission was established after Rotorua woman Louise Nicholas alleged in
January she was pack raped and violated with a police baton by three police
officers in 1986, when she was 18.
After Ms Nicholas went public, Kataia woman Judith
Garrett reiterated claims she was handcuffed and raped by a police officer at Kaitaia police station in 1988.
The commission is to look at evidence relating to both cases and has indicated
both women will get a chance to tell their stories if they wish.
However at a hearing today Justice Robertson said it was extremely unlikely
evidence relating to those specific complaints would be heard in June. The
evidential hearings were originally planned for this month, but were
rescheduled for June after delays.
Justice Robertson said he and fellow commissioner Dame Margaret Bazley wanted to hear evidence from all the parties involved
in specific incidents together.
"There would be a real injustice if we heard one aspect or account and
then there was a lengthy delay before hearing other parts of it."
He said he and Dame Margaret would meet tomorrow with lawyers for the various
parties taking part in the inquiry to try and establish a schedule, which would
hopefully be announced later this week.
The commission has already indicated it might struggle to meet its November 1
deadline. A commission spokesman said yesterday staff were
still collecting evidence from complainants.
Earlier in today's hearing, police national planning and policy manager Dave Trappitt outlined police policy and procedures relating to
the handling of sex offence complaints and internal investigations against
other police officers.
While rape inquiry and internal investigation procedures had been streamlined
over the 25 years the commission covered, instructions relating to internal
investigations had only changed slightly since 1985, he said.
Instructions from the commissioner of police in the early 1980s specifically
told police to treat criminal complaints against police as they would other
cases.
Officers were instructed not to warn complainants of the possible consequences
of making a false complaint against a police officer, and district commanders
were instructed to notify police headquarters of all serious criminal
complaints against police in their districts, Mr Trappitt
said.
Today's hearing was also behind schedule after the commission's initial
information gathering was delayed by blanket secrecy provisions in the Police
Complaints Authority Act that protect the identity of informants.
A law change has since been rushed through Parliament to allow the commission
to see the files.
The commission is charged with investigating police conduct, standards and
procedures, but not establishing the guilt of any police alleged to have
committed crimes.
Of the three officers alleged to have raped Ms Nicholas, two
-- Bob Schollum and Brad Shipton -- have since left the police.
The third,
Former Rotorua CIB chief John Dewar is accused of having failed to properly investigate
Mrs Nicholas' original complaint.
Following the allegations, another senior police officer, Kelvin Powell, has
also been stood down on full pay while police investigate complaints of sexual
offences. He has denied any wrongdoing.
The officer alleged to have raped Ms Garrett has left the police and is
understood to be living in