Allegations of Sexual Abuse


Police Rape Allegations - Index


16-31 March 2005

 




One News
March 17 2005

Former cops prepare to fight charges



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.