NZ Herald
August 28 2004

Police-rape inquiry delayed
NZPA

The inquiry into police sexual misconduct could be delayed for years, after being put on hold to avoid conflict with any criminal proceedings.

The inquiry, which arose out of allegations by Louise Nicholas of Rotorua and Judith Garrett of Kaitaia that they were raped by police officers in the 1980s, yesterday announced that it had adjourned until October 22.

The inquiry into the way police handled complaints of sexual abuse by officers over the past 25 years had been expected to take three months.

However, it may not begin hearing evidence until after any criminal proceedings have finished, which could take years.

Inquiry commissioners Justice Bruce Robertson and Dame Margaret Bazley said yesterday that the hearing should be deferred until it was known whether police officers would be charged.

The only evidence heard so far came in May, from Police Commissioner Rob Robinson, who outlined the state of the police investigation. But police have raised concerns that evidence heard by the commission could contaminate a criminal trial.

The commission adjourned last month after hearing submissions on whether it should hear evidence in public and whether suppression orders could be made.

Lawyer Bruce Gray, who represented the Herald at the commission, said it might not be possible for it to continue if the criminal investigation dragged on. "It's regrettable the commission is not able to do its work but its decision takes account of all of the competing interests and is a sensible decision."

A spokesman for Mr Robinson, John Neilson, said the criminal investigation, being carried out in parallel not only with the inquiry into police conduct but also a Police Complaints Authority investigation, was "still progressing".

"We haven't got anything further around the criminal inquiry. We will get notified if there's any likelihood there are any charges being laid but there is nothing at this stage."

Mr Robinson said "exhaustive inquiries" were being carried out in the criminal inquiry and police were working "as quickly as possible to progress matters".

Attorney-General Margaret Wilson said the request by the commission of inquiry to defer its report because of a possible conflict with police inquiries was understandable.

The commission was set up after Mrs Nicholas alleged in January that three officers pack-raped and violated her with a police baton in 1986 when she was 18. The men strongly deny the allegations.

Ms Wilson said she would meet the commissioners in October to assess progress in the police investigation. Mr Robinson said police remained committed to the inquiry.

This month, the commission was told charges were to be laid against another former police officer, whose name is suppressed until early October.