Allegations of Sexual Abuse


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Page 15 - Trial Verdict 2006

 




The Dominion Post
April 1 2006

How the saga unfolded

1985 to 1986: Mrs Nicholas is allegedly raped and violated with a police baton by police officers Clint Rickards, Bob Schollum and Brad Shipton in Rotorua.

1993: She is referred to Rotorua police after confiding in police officer Ray Sutton – a family friend – Mrs Nicholas about the incident and separate incidents in Murupara during her early teens involving police officers Kelvin Powell, Trevor Clayton, Warren Smith and one other.

1993: As a result of an investigation, a policeman is charged with raping and indecently assaulting Mrs Nicholas in Murupara when she was 14 but is later acquitted after three trials. His name is permanently suppressed. Mr Rickards, Mr Schollum and Mr Shipton, upon being called to give evidence for the Crown, admit later sexual relations with Mrs Nicholas, but say it was consensual. Mrs Nicholas is referred to sexual abuse counselling.

1995: Detective Rex Miller heads a Police Complaints Authority inquiry into the handling of Mrs Nicholas' rape complaints following issues raised by a judge in the earlier trials. Miller finds there was a gross lack of judgment but no criminal offending.

2000: Prime Minister Helen Clark turns down Rickards' application for deputy police commissioner, a statutory position, after hearing of anonymous letters sent to police alleging that he was a sexual abuser.

November 2003: Following a two-year investigation, Dominion Post reporter Philip Kitchin approaches Mrs Nicholas with documents which convinced her she had been led astray during the investigation of her claims. She agrees to help him tell her story.

January 30, 2004: In a response to questions from The Dominion Post, police commissioner Rob Robinson says in a statement that police will study any "published material" and thoroughly look at any matters that call police's integrity into question.

January 31, 2004: The news breaks. The Dominion Post reveals Mrs Nicholas' story exclusively under the headline "Police raped me".

February 1, 2004: The reaction by police is swift. Rickards stands down temporarily as assistant police commissioner and Auckland District Commander.

February 3, 2004: Prime Minister Helen Clark announces a commission of inquiry, the most powerful instrument available to government, to investigate police misconduct after details of a second case of alleged police rape, this time of a Kaitaia woman, are sent to her. "Believe me, what was sent to me . . . my hair stood on end," she said. The same day, police commissioner Rob Robinson reopens a criminal investigation into Mrs Nicholas' allegations. Rickards stands down from duty while the investigation takes place.

February 5, 2004: Southern District commander Superintendent Nick Perry is appointed to head Operation Austin, the criminal investigation into Mrs Nicholas' allegations.

February 14, 2004: Kelvin Powell, who is now Waikato district commander, is identified as "a person of interest" by officers and is stood down. He is later arrested and tried for raping a former colleague, but is found not guilty and reinstated to his job.

February 16, 2004: Justice Bruce Robertson and Dame Margaret Bazley are named to head the commission of inquiry.

March 3, 2004: Suppression orders on the court documents from the 1994 rape trials are lifted, revealing Judge Michael Lance made a stinging rebuke of an investigating officer.

March 22, 2004: The commission of inquiry meets for the first time and immediately encounters problems. The Police Complaints Authority warns it cannot provide some vital information due to legal secrecy provisions. Police similarly warn files cannot be disclosed till their own investigations finish.

August 2004: A former police officer is arrested on eight rape and sex offence charges relating the kataia case.

August 27, 2004: The commission of inquiry is put on hold indefinitely for fear of contaminating police criminal investigations. It is to remain on hold till police investigations and subsequent legal proceedings are completed.

January 14, 2005: The Dominion Post reveals police are on the brink of deciding whether to lay charges against the three accused of raping Mrs Nicholas.

March 16, 2005: Police arrest Rickards in Auckland and Schollum and Shipton in Tauranga after a 13-month investigation involving 43,500 police man-hours costing at least $1.6 million. The charges relate to Mrs Nicholas, but the details are suppressed.

July 25, 2005: A depositions hearing starts in Rotorua. Suppression orders concealing the number and nature of the charges are lifted, revealing a collective 20 charges of rape, indecent assault and sexual violation. Mrs Nicholas' 32-page statement of evidence is read to the court. District Court Judge Chris McGuire commits the three men to a High Court trial.

September 1, 2005: The case is shifted from Rotorua to Auckland. Justice John Priestly suppresses the reasons for his decision, and lawyers' submissions.

October 27, 2005: Further suppression orders are placed on the case, after concerns by both prosecution and defence that further publicity could affect a fair trial.

March 13, 2006: The trial begins at Auckland High Court. Rickards causes a stir by turning up in police uniform, against police regulations for suspended staff. The three plead not guilty to all charges.

March 31, 2006: After a trial of nearly three weeks the jury, of seven women and five men, take 27 hours to find the men not guilty on all 20 charges.