Allegations
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The lawyers for two
former police officers charged in relation to historical offences are
preparing to apply to have the charges struck out. Paul Mabey QC and Bill
Nabney say publicity surrounding the case of their clients Bob Schollum and
Brad Shipton mean they won't have a fair trial. Schollum and Shipton
appeared in the Tauranga District Court on Wednesday in relation to alleged
incidents that occurred in the 1980s involving Rotorua woman Louise Nicholas. Assistant police
commissioner Clint Rickards has also been charged in relation to the
incidents and he appeared in the Auckland District Court. The exact nature of the
charges has been suppressed by the court. Mabey is representing
Schollum and while he is prepared to fight the charges in court Mabey has
indicated he will apply for a stay of proceedings. "My biggest
concern is that there has been so much publicity given to the allegations in
all of the media that there may not be a possibility of a fair trial,"
says Mabey. Schollum denies the
allegations. Shipton's lawyer Bill
Nabney has also indicated he will apply to have the charges struck out. "He's obviously
disappointed he's been charged in relation to the allegations made by Ms
Nicholas, but he's pleased they are now in court where they can be properly
dealt with," Nabney says. But a constitutional
and employment law expert says he has never heard of charges being
struck out because of too much publicity prior to the trial. Employment law expert
at Auckland University Bill Hodge says the trial may be moved from Rotorua,
but he does expect it to go ahead. A member of the
government legal advisory group the Law Commission says studies have shown
juries aren't usually affected by pre-trial publicity. Warren Young says that
studies have shown jurors usually don't recall much detail from media
coverage and are careful to only consider what they hear in court in their decision. Meanwhile, the Police
Association is contemplating the financial support it will give to the three
accused men. |