Allegations of Sexual Abuse

The Police Rape Inquiry

News Reports



Dominion Post
June 14 2004

Hearing date due for police rape case


A decision on when the commission of inquiry into police conduct will begin to hear evidence from those alleging misconduct should be made on Wednesday.

Commissioners Justice Bruce Robertson and Dame Margaret Bazley will meet lawyers for all parties involved, to review progress in preparing evidence.

The meeting will be held in closed chambers.

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

Hearings were scheduled to begin this month. However, at the last hearing on May 24, police gave evidence on how rules and guidelines for police were disseminated.

Justice Robertson said this month would be unrealistic.

The process has been delayed mainly because secrecy provisions in the Police Complaints Authority Act prevented a lot of evidence being used.

Justice Robertson raised concerns in the first public meeting in March that the provisions could jeopardise the November 1 deadline.

A law change had to be rushed through Parliament to enable access to that evidence.

That information is now available.

The commission, however, has ordered the identity of those appearing to be suppressed. This follows concerns that releasing such information could destroy the ability of watchdogs, who rely on anonymous evidence to operate.

People could waive that right once they had appeared, if they wished.

Justice Robertson said a question about legal funding for those either giving evidence or responding to allegations could also slow things down.

Two lawyers were made available this month to help those people.

Legal counsel for the commission has begun screening submitters' evidence to ensure it falls within the commission's terms of reference.

A team of oral historians is still recording evidence from submitters.

Justice Robertson said all evidence had to be heard together, to avoid the potential for injustice.

The number of people who have come forward is not being made public, as the commissioners are trying to reassure potential informants that unnecessary information will not be released.

Meanwhile, criminal investigations into the alleged sexual assault of Mrs Nicholas and that of another woman, Judith Garrett, are progressing.

The inquiries were launched shortly after The Dominion Post first raised the allegations.

They have taken a long time because the 25 officers working on the cases, most based in Wellington but some in the Bay of Plenty, have had to interview "hundreds of people".

Police spokesman Jon Neilson said he understood only two cases were being investigated by police as a result of police misconduct claims.