Allegations of abuse by NZ Police

peterellis homepage / police allegations / Louise Nicholas vs John Dewar

John Dewar - 2007 - Page 2

 





Stuff
August 2 2007

Police protocols breached during investigation, court told

 

A High Court jury in Hamilton was told yesterday of breaches of police protocol by former Rotorua CIB head John Dewar, in dealing with claims of police sexual offending by Louise Nicholas.

Dewar, 55, has denied four charges of attempting to obstruct or defeat the course of justice in relation to Louise Nicholas' claims of sexual offending by police in the 1980s.

Retired Detective Chief Inspector Rex Miller was asked to investigate Dewar's investigative procedures and conduct after Dewar gave twice gave hearsay evidence at the trial of a former police officer accused of sex offences against Mrs Nicholas at Murupara.

Both trials were abandoned, and at a third trial, the officer was acquitted and given permanent name suppression.

In the first trial Dewar told the court of another police officer who said he was prepared to lie to help the officer on trial, and in the second he revealed details of an investigation into Mrs Nicholas' allegations of sexual offending against her by officers including Mr Rickards, Brad Shipton and Bob Schollum.

Dewar had headed the investigation into Mrs Nicholas' allegations against the officer at Murupara. Yesterday Mr Miller told the court he was surprised at the lack of information in the prosecution file.

"The file, for an inquiry of that nature, I'd describe it as being very thin, and lacking substance. There was a lack of corroborative evidence on the file, and I just found it was far too vague for an inquiry of that nature.

"On the face of it (the officer) was arrested on uncorroborated evidence", he said.

Mr Miller also said he was unable to find any file, jobsheet, statement or report relating to Mrs Nicholas' allegations of rape against Clint Rickards, Shipton and Schollum.

Mr Miller said Dewar should never have been involved with investigating Mrs Nicholas claims against Mr Rickards, Shipton and Schollum, as he was of the same rank as Mr Rickards.

"The right protocol would have been for him to have disqualified himself from that investigation, being the same rank as one of the persons being investigated".

A statement Dewar was alleged to have convinced Mrs Nicholas to sign and give to Mr Miller for his investigation, saying she had not told him of her allegations against Mr Rickards, Shipton and Schollum, damaged her credibility.

"The statement put her credibility right on the line, and destroyed it, basically.

"There was insufficient evidence to prosecute them. . .her credibility had been put in issue. All of a sudden she produces a statement saying it didn't happen", Mr Miller said.

Acting superintendent Russell Gibson, who was head of police internal affairs at the time of the two aborted trials, was surprised Dewar never told him of Mrs Nicholas' allegations against Mr Rickards, Shipton and Schollum after he raised them at the second trial.

"Those are very serious allegations which would require investigation – we would have started an inquiry. I would have driven it from internal affairs", he said.

Mr Gibson said any investigation should probably have been started by Dewar.

"I don't know who should have done it, but certainly, probably Detective Inspector Dewar at that initial stage, getting a statement from her (Mrs Nicholas)".

The prosecution is expected to close its case on Friday. The trial, before Justice Hansen, is set to run until the end of next week.