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SUPPORT: Two policemen stand
inside the High Court as members of the Wellington Action Against Rape
protest outside to mark the trial of former policeman John Dewar in Hamilton Former Rotorua police chief John
Dewar's close personal friendship with convicted rapist Brad Shipton was the
powerful motive which led to a cover-up of sexual allegations made by Louise
Nicholas against several policeman, crown prosecutors say. John Buchanan Dewar, 55, of
Hamilton, is on trial at the High Court in Hamilton on four charges of
attempting to obstruct or defeat the course of justice between 1993 and 1995.
Dewar was chief inspector of the
Rotorua CIB when Mrs Nicholas went to police in 1993, with allegations
against suspended assistant police commissioner Clint Rickards and former
policemen Shipton and Bob Schollum. The Crown alleges Dewar suppressed
allegations by Mrs Nicholas, against Schollum, Shipton and Mr Rickards and
that Dewar attempted to prevent the course of justice during the rape trial
of a former policeman, who has permanent name suppression, by giving
inadmissable evidence. Crown prosecutor Mark Zarifeh told
the court, in opening remarks, that Mrs Nicholas, then Louise Crawford, had
approached police in 1993 with allegations of two separate historic sexual
assaults. The first alleged the former
policeman, who was not in the police at the time the complaint was made, had
sexually assaulted her, then aged 13. Mrs Nicholas also alleged Mr
Rickards, Schollum and Shipton had sexually assaulted her and used a baton on
her. Mr Zarifeh told the court
"from the outset" Dewar had told her he would pursue the complaint
but that he never took any written statement and actively sought to suppress,
prevent and discourage any formal prosecution of Mr Rickards, Shipton and
Schollum. The first allegation turned the
former policeman into a "sacrificial lamb" as Dewar prosecuted the
man promptly to "satisfy Mrs Nicholas and to keep her from pursuing the
other allegations", Mr Zarifeh said. Two mistrials followed, of the
former policeman, due to Dewar giving inadmissable hearsay evidence, he said.
A third trial of the former
policeman led to an acquittal. After the trial an investigation
into police conduct was started and then expanded to look at the Rickards,
Shipton and Schollum allegations. "John Dewar sought to
undermine and thwart that inquiry." Ten years later, in 2004, the
allegations surfaced again as an investigative journalist contacted Mrs
Nicholas. As a result of the media coverage
Operation Austin was established by police, which led to the eventual
prosecutions of Mr Rickards, Shipton and Schollum, 12 years after Mrs
Nicholas first went to police. Mr Zarifeh said this trial was not
concerned with the proof of those allegations but rather that Dewar
deliberately attempted to actively suppress and not act on the information
provided by Mrs Nicholas. "If that had not occurred
then the trial of Rickards, Shipton and Schollum would have taken place many
years earlier." Dewar had a "powerful
motive" to obstruct any investigation, he said. While Dewar maintained he only had
a professional relationship with Shipton, he had in fact had a very close
friendship, which had led to a group sex session with the two men and one
other woman, he said. A Bay of Plenty woman, who has
name suppression, approached police in 2004 after seeing a media interview
where Dewar said he had no personal relationship with Shipton. The woman, who had taken part in a
group sex session with the three men, was "shocked and annoyed" as
she believed the media item to be "lies". "The Crown says it provides a
powerful motive to cover up the allegations with Rickards, Shipton and
Schollum." The Crown was expected to finish
opening remarks after lunch, with defence then giving opening remarks before
Mrs Nicholas is expected to take the stand. - NZPA Stuff Louise Nicholas told a court today
she was talked out of making a statement over historic sex allegations
involving several policemen by a Rotorua police boss. John Buchanan Dewar, 55, of
Hamilton, is on trial at the High Court in Hamilton on four charges of
attempting to obstruct or defeat the course of justice between 1993 and 1995.
Dewar was chief inspector of
Rotorua CIB when Mrs Nicholas approached police in 1993, alleged she was sexually
assaulted by police officers Clint Rickards, Brad Shipton and Bob Schollum. The three officers were all
acquitted but Shipton and Schollum are currently in jail for raping a woman
at Mt Maunganui. Mr Rickards, now an assistant
police commissioner, remains suspended while an internal police investigation
continues into his conduct. The crown alleges Dewar suppressed
allegations Mrs Nicholas made against the three men and attempted to prevent
the course of justice during the rape trial of a former policeman, who has
permanent name suppression, by giving inadmissible evidence. After two mistrials, a third trial
led to the former policeman's acquittal. Mrs Nicholas, then Louise
Crawford, said the former policeman, who was not in the police at the time
the complaint was made, had sexually assaulted her at Murupara when she was
13. Mrs Nicholas also alleged that at
a Rutland Street address in Rotorua Mr Rickards, Schollum and Shipton had
sexually assaulted her and used a baton on her. Dewar took over the handling of
the investigation, telling Mrs Nicholas that he would handle her complaint as
it concerned members of the police, the crown said. Mrs Nicholas, wearing a thick
cream cardigan over a white t-shirt and a long red skirt, told crown prosecutor
Brent Stanaway QC she initially found Dewar helpful after she laid the
complaints and came to consider him a good friend, even writing a letter to
Dewar's superiors commending him on his support and work. She became frustrated after the
two mistrials, she said. Mrs Nicholas said she had never
made a statement to Dewar about the complaint regarding Mr Rickards, Shipton
and Schollum despite demanding to do so many times. Mrs Nicholas said after the second
mistrial she confronted Dewar and demanded to make a statement. "He brushed it aside and
talked me out of it. "He talked me out of my
anger." Mrs Nicholas said at that point
she "pretty much gave up". Mrs Nicholas said a statement
produced after the Miller Inquiry – set-up to investigate police conduct in
the mistrials – claiming she had not mentioned the allegations of sexual
assault against Mr Rickards, Shipton and Schollum, was wrong. "I had complained to Mr Dewar
so many times to take a statement from me." Mrs Nicholas said she had signed
the document but had not written it, in order to help Dewar out because he
was under pressure after the mistrials. "I was out to help my
mate." Crown prosecutor Mark Zarifeh
earlier said Dewar's close personal relationship with Shipton, had led to a
"powerful motive" to obstruct any investigation. A Bay of Plenty woman, who has
name suppression, approached police in 2004 after seeing a media interview
where Dewar said he had no personal relationship with Shipton, he said. The woman said she had taken part
in a group sex session with Dewar and Shipton and was "shocked and
annoyed" as she believed the media item to be "lies". Mr Zarifeh told the court
"from the outset" Dewar had told Mrs Nicholas he would pursue the
complaint but that he never took any written statement and actively sought to
suppress, prevent and discourage any formal prosecution of Mr Rickards,
Shipton and Schollum. The first allegation turned the
former policeman into a "sacrificial lamb" as Dewar prosecuted the
man promptly to "satisfy Mrs Nicholas and to keep her from pursuing the
other allegations", Mr Zarifeh said. During the Miller Inquiry
"John Dewar sought to undermine and thwart that inquiry" and was
successful in the attempt, he said. Dewar produced a statement
designed to exonerate him and to derail the inquiry, he said. Not only was his statement
critical of how former Detective Chief Inspector Rex Miller handled the
investigation but included a statement from Mrs Nicholas, in conflict with
what she had told the inquiry and the evidence she gave in the trials, he
said. "It shows how overborne by
the accused Louise Nicholas was and how in his pocket she was at that
time." Mr Zarifeh said this trial was not
concerned with the proof of those allegations but rather that Dewar deliberately
attempted to actively suppress and not act on the information provided by Mrs
Nicholas. Dewar's defence lawyer Paul Mabey
QC said his client denied all the allegations. "Did Mr Dewar ever receive
any allegation about Rutland St? He says No" Mr Mabey said the motive put
forward by the crown that a close relationship, involving group sex sessions,
had led to a cover-up, was wrong. "He had nothing to do with
this woman, with or without Shipton. "If she says it did she's
either lying or wrong." Mr Mabey said the allegations of
group sex as a motive were "absolutely and utterly denied". Mrs Nicholas will continue to give
evidence tomorrow. |
