Allegations of Sexual Abuse


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Page 14 - Trial Week 3 2006

 




One News
March 29 2006

Nicholas jury returns to ask questions

The jury considering its verdict in the Louise Nicholas rape trial has come back into court to ask questions.

The jury has been deliberating at the High Court in Auckland since shortly after 1pm on Wednesday but returned about 3.30pm to ask questions.

They wanted to know if the police own their own uniforms and if they are expected to keep them.

They also asked a question in relation to the evidence of a suppressed witness.

Assistant Police Commissioner Clint Rickards and former officers Bob Schollum and Brad Shipton denied charges of rape, sexual violation and indecent assault during the 1980s.

In summing up the judge said the jury must put aside any moral judgement on the behaviour of the three accused and consider whether the evidence amounts to any criminal offending. 

Closing his case Rickards' lawyer said that if the allegations made by Nicholas were not so tragically serious, they would be laughable. John Haigh QC told the jury that Nicholas may be deluded, or that she may be a consummate liar. He detailed what he called "gaps a mile wide" in her evidence.

The lawyer for Bob Schollum said the evidence against his client was not good enough to convict him and there were many things that did not stack up. 

During its closing address, the Crown said Nicholas was ill-equipped to deal with the predatory advances of the three police officers when she was 18 years old. Prosecutor Brent Stanaway said that the credibility of Nicholas was central to its case. He said she was not eloquent, cultured or educated, but someone with a nuggety, down-to-earth personality.


Evidence

Louise Nicholas, her husband and mother-in-law were among those who gave evidence for the Crown. Both Nicholas and her husband Ross were overcome by emotion while in the witness box.

Nicholas said she was forced to have intercourse and oral sex with Shipton and Rickards between six and 12 times. She said they would often turn up at her Rotorua flat unannounced, wanting sex. She also described in emotional detail an incident when she was allegedly raped and assaulted with a police baton.

Ross Nicholas testified in the first week of the trial, crying as he detailed a visit to his wife-to-be by two of the accused. He was overcome with emotion as he talked about a muslin dress he had given his wife as a present - the dress Louise Nicholas claims she was wearing when all three accused allegedly raped her and assaulted her with a police baton.

Neither Schollum or Shipton gave evidence during the trial, but Rickards did, repeatedly telling the court that Nicholas' allegations were lies.

Rickards told the court that sex with Louise Nicholas was consensual, that it was a fun and jovial time and it happened on two occasions in the evening. He also denied ever being involved in any group sex at the Rutland St police house or using a police baton during sex.

Many of the witness testimonies were suppressed.