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Page 13 - Trial Week 2 2006

 




Dominion Post
March 22 2006

Rickards' rape trial 'nightmare'
by Deborah Diaz

Assistant Commissioner Clinton Rickards will testify today that he did not rape Louise Nicholas in Rotorua 20 years ago.

His lawyer, John Haigh, QC, opened Rickards' defence case yesterday afternoon by telling jurors it was up to them to "end the nightmare that has enveloped this man and virtually destroyed his career".

He invited the jury in the High Court at Auckland to regard Mrs Nicholas' evidence of being raped and abused as either a series of calculated lies or delusional recollections.

The defence opened after the jury had heard from five secret prosecution witnesses, whose evidence cannot be reported at this time because of suppression orders.

Rickards, who has been suspended from the police, and former policemen Robert Schollum and Bradley Shipton face a total of 20 sex charges dating from 1985 and 1986.

Last week Louise Nicholas, now 38, testified that Rickards and Shipton repeatedly dropped by her flat when she was alone and used her for sex. She also said Rickards was part of an attack at a Rutland St house in January 1986, that he raped her as the three men forced her into a group sex session and that he then stood by while a police baton was used to sexually abuse her.

Mr Haigh said Rickards would take the stand to refute those allegations. His client's defence had remained unchanged since he was first confronted with Mrs Nicholas' allegations in 1994 – that there had been two instances of consensual sex. Mrs Nicholas had not been a child when the sexual contact took place.

Though that was "probably" morally wrong because Rickards had a partner and two children at the time, it was not criminal wrongdoing, Mr Haigh said.

Rickards would outline the background to the case, his involvement with Louise Nicholas, and her allegations over the years, Mr Haigh said.

His former supervisor would also testify that Rickards was a plain-clothes policeman at the relevant time and would not have been wearing a uniform as Mrs Nicholas claimed.

Mr Haigh asked the jury "to keep in mind" a number of points that "may well destroy Mrs Nicholas' allegations".

There was an "extraordinary clash" between Mrs Nicholas and her former flatmate, who had described a friendly atmosphere and sexual freedom at the flat. There was also the "improbability" of the Rutland St allegations, if Mrs Nicholas had gone into the house knowing she would be raped and done nothing.

Similarly, after that event, she did nothing about the "vicious duo" visiting her flat and "allowed" the brutality to continue, Mr Haigh said.

The trial, which began last week,is moving faster than expected.

Prosecutor Brett Stanaway told the jury yesterday that four other police officers – Warren Smith, Kelvin Powell, Trevor Clayton and a fourth man – had denied offending against Mrs Nicholas in Murupara during the 1980s.