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Page 15 - Trial Verdict 2006

 




One News
March 31 2006

Rape jury finds officers not guilty

The jury in the Louise Nicholas rape trial at the Auckland High court has found assistant police commissioner Clint Rickards and former officers Bob Schollum and Brad Shipton not guilty on a raft of sex charges dating back two decades.

One News reporter John Stewart says there was an enormous reaction from the public gallery after the three men were acquitted on all 20 charges of rape, sexual violation and indecent assault.

He says there was much crying from the wives and family of the three men and as the officers stood in the dock "the tears were rolling down their cheeks, their faces contorted with crying". It was such an emotional moment that Stewart says the judge had to clear the court because he still had to discuss suppression issues with council.

Nicholas left the court immediately after the verdict and would not comment.

Emerging from the court, Rickards says the last two-and-a-half years have been torture for him and his family. He says the whole ordeal has been a nightmare.

Rickards thanked his family for its support and says he is pleased justice had prevailed. His lawyer, John Haigh QC, said the matter of Rickard's employment would be discussed with the police at a later date.

Deputy police commissioner Lyn Provost says this is not a process that can be rushed as there are many factors involved.

Provost says the Operation Austin team which investigated Rickards and the former officers did so according to the highest standards of professionalism.

Shipton's wife Sharon and brother Greg say they now want to celebrate what they say is a just outcome, while Schollum's wife Caron says she just wants to go home and hold their children.

The seven women and five men began deliberating at 1pm on Wednesday after a two-and-a-half week trial.

They returned to the courtroom several times during deliberations to ask the judge questions, including whether the police own their own uniforms and if they get to keep them. The judge told the jury evidence given was that Rotorua CIB officers at the time of the alleged offences were encouraged to have a uniform.

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

Friends and family of the three accused had been waiting outside the courtroom.

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 amounted 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. Haigh 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.