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Page 13 - Trial Week 2 2006

 




The Dominion Post
March 22 2006

Delicate rhythms of a courtroom drama
by Haydon Dewes

He does it slowly, with calculated gravity and meticulously crafted turns of phrase.

John Haigh, QC, defence lawyer for rape accused Clint Rickards, is taking the jury through the steps he will take in an effort to destroy the Crown's case against his client.

There is silence in Courtroom 12 as the towering lawyer gets gravely to his feet to open the defence case.

All eyes swing his way: the 12 members of the jury before him; Judge Tony Randerson perched high on a bench to his right; the 10 journalists sitting with pens poised just to his left; and the 20-odd family members and spectators lining the gallery at the back of the room. He grasps his spectacles and stabs the air, emphasising that accuser Louise Nicholas has told "a series of calculated lies" and has "delusional recollections".

"There were two instances of consensual sex," he says, holding up two fingers in a victory sign. "There were no rapes. There was no use of a baton." He begins to tap his right index finger into the web of his left hand in time with his words as he reminds the jury that they must be certain -- all 12 of them -- that Rickards is guilty of a criminal act if they are to convict him.

He holds up a hand, fingers splayed, to demonstrate what he says are the five fatal flaws in the Crown's case. He ends with a flourish, telling jurors to forget about morals, they have to decide whether any criminal offending has taken place. In the defence's view, he concludes, the answer is "emphatically, no".

Rickards, the man groomed to be the first Maori police commissioner, sits stoically behind him as his lawyer describes his career as being "virtually destroyed".

His brawny arms lie straight out in front of him, his hands clenched. Throughout the trial he has sat like this. From the far reaches of the courtroom he appears to be motionless. But up close you can see his massive jaw tightening and loosening and his thumbs and forefingers tapping against each other.

Once the jury leaves the room the three accused turn to their families. Bob Schollum smiles at his wife. Brad Shipton blows a kiss to his.

The Crown has done what it can to sway the jury. It is now time for the three defendants to have their turn.