NZ Herald
May 25 2004

Police rape inquiry faces more delays
NZPA


Dave Trappitt giving evidence during the hearing.
Picture / Mark Mitchell

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 yesterday.

The commission was established after Rotorua woman Louise Nicholas alleged in January that she was packraped and violated with a police baton by three police officers in 1986.

After Ms Nicholas went public, Kataia woman Judith Garrett reiterated claims that she was handcuffed and raped by a police officer at Kaitaia police station in 1988.

At a hearing yesterday, Justice Robertson said it was unlikely evidence relating to those specific complaints would be heard next month.

He 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."

It was hoped a hearings schedule would be announced this week.

At yesterday'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.

Although rape inquiry and internal investigation procedures had been streamlined over the past 25 years, instructions relating to internal investigations had changed only 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.

Yesterday's hearing was also behind schedule after the commission's 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.

Of the three officers alleged to have raped Ms Nicholas, two - Bob Schollum and Brad Shipton - have since left the police.

The third, Auckland commander and assistant commissioner Clint Rickards, has been stood down on full pay. All strongly deny the allegations.

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, was also stood down on full pay while police investigated 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 now live in Australia.

- NZPA