Allegations of Sexual Abuse


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Page 13 - Trial Week 2 2006

 




The Dominion Post
March 25 2006

The trial of three men for the alleged rape of Rotorua woman Louise Nicholas 20 years ago continues.
Deborah Diaz charts

 

Day 1
The accused and the jury

·                Assistant Police Commissioner Clinton Rickards and former policemen Bradley Shipton and Robert Schollum plead not guilty to 20 sex charges. Rickards wears his police uniform, which will bring a reprimand from national headquarters.

·                Justice Tony Randerson tells prospective jurors the trial is about the sexual abuse of a woman in her late teens. Anyone with a connection to any police officer should excuse themselves. Five do. Lawyers veto another 21. Seven women and five men are selected.

·                There are 18 journalists -- "the battalion", Justice Randerson remarks. Near-blanket suppression orders are replaced with ones suppressing certain evidence.

 

Day 2
Louise Nicholas' evidence

 

·                In opening, the prosecution and defence say her credibility will be a central issue. Prosecutor Mark Zarifeh says it all happened 20 years ago, there will inevitably be conflicts between memories. Inconsistencies that need not trouble the jury? "I suggest otherwise," rumbles Rickards' lawyer, John Haigh, QC.

·                For almost two hours, Mrs Nicholas describes sexual abuse. Shipton and Rickards would visit her Rotorua flat, uninvited, on days she was home alone, in their uniforms. One would have intercourse, the other would receive oral sex; they would change positions. "My only form of defence was to say, `Just don't do this, guys. I don't want to do it'."

·                Schollum offered her a lift home in a tan Triumph one January afternoon in 1986 but took her to a house in Rutland St instead. Her words begin to cascade as she describes the defendants forcing her to have group sex while a fourth man watched. Shipton brought out a police baton. She begins to sob after detailing the violation.

 

Day 3
More evidence, cross examination

 

·                The public gallery fills up. A growing number of the defendants' family members and supporters come.

·                Mrs Nicholas laid a complaint against a former Murupara policeman in 1993. He was acquitted in 1994 after two mistrials. Her allegations against the three defendants were raised at court hearings and led to an investigation in 1995.

·                Cross-examination brings Mrs Nicholas' time in the stand to five hours and 40 minutes. She is accused of lying, of recovering memories after counselling, of enjoying media attention and of doing little to stop the abuse.

·                * She is asked to explain differences in more than 19 statements made over the years to investigators, health workers and in court. One says she got drunk at a party and had sex with Schollum. "If it is in the statement, I must have said it, but I don't remember it," she says. She is also asked why her flatmate would say Mrs Nicholas was friendly with the accused and had consensual sex with them.

·                Mrs Nicholas says she had been abused from 13. "That was the conditioning of my life."

 

Day 4
Her family

 

·                Older brother Peter Crawford remembers Schollum driving Trevor Clayton's Triumph in Rotorua. Defence lawyer Paul Mabey says Mr Clayton transferred from Wairarapa to Putaruru in 1986, then Hamilton, and did not arrive in Rotorua till June that year, six months after alleged events at Rutland St.

·                Mother-in-law Phyllis Nicholas remembers seeing police cars twice at Louise's Corlett St flat but did not ask about it.

·                Husband Ross cries as he recalls buying his wife the white dress worn during the alleged Rutland St rapes. It was a special gift purchased at the end of 1985 and she had had it for several years.

·                He recalls a day when he was at Louise's flat alone. Rickards and Shipton dropped by. The defence counter with a 1995 investigator's report recording a comment from Mr Nicholas that Shipton and Schollum had visited.

·                Retired policeman Ray Sutton says he informally offered advice to Mrs Nicholas in January 1993. She had told him about abuse in Murupara, policemen visiting her Rotorua flat for sex and about a baton being used on her. The issue of consent was not discussed beyond what it meant to be under-aged.

·                Two jurors appear to be sleeping.

 

Day 5
The flatmate and more denials

 

·                Statements from Mrs Nicholas' former flatmate are read by the registrar. Her memory is hazy but Shipton and Schollum did visit, and she and Louise would have had sex with them. A 1995 statement said sex was consensual and the atmosphere friendly. A 2004 statement said she now realised that those loveless visits were only about sex.

·                The defendants' 1995 police interviews are read out. All denied the allegations and recounted episodes of consensual sex with Mrs Nicholas: Rickards twice, Schollum and Shipton several times. All were involved in threesomes. "Louise was more accommodating than most," Shipton said.

·                A juror wears a Promise Keepers vest each day. Another wears fluffy yellow socks every day. Two reporters nod off, one with his hand resting on his pen.

 

Day 6 and 7
Secret evidence and the defence

 

·                The evidence of five witnesses is suppressed.

·                Mr Haigh opens Rickards' defence by saying these points may destroy the prosecution: the discrepancy between Mrs Nicholas and her flatmate; the improbability that Mrs Nicholas would do nothing to prevent the alleged rapes; Rickards was a plain-clothes trainee detective; Mrs Nicholas kept wearing the white dress.

 

Day 8

 

·                Rickards is adamant Mrs Nicholas is lying. He had sex with her twice. She had initiated sex, and there was giggling and laughing as he and Shipton once watched each other have sex with her. He wore his uniform on the first day of the trial because he is proud to be a police officer. Prosecutor Brent Stanaway suggests the men have a script. "There's no conflict when you tell the truth," Rickards says.

 

Caption:

Accuser and accused: Louise Nicholas and the accused, Clint Rickards, Robert Schollum and Bradley Shipton. They all deny raping Mrs Nicholas in Rotorua, when they were all policemen.