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CROSS-EXAMINED: Former Rotorua CIB
chief John Dewar in the High Court at Hamilton yesterday answering charges of
attempting to obstruct or defeat the course of justice in relation to Louise
Nicholas' sex complaints against police. Bruce Mercer/Waikato Times Former Rotorua police boss John
Dewar argued he was protecting rape complainant Louise Nicholas by not
launching an investigation into her historic claims. In an often tense and fiery
session in the High Court in Hamilton yesterday, Dewar rejected charges of
attempting to obstruct or defeat the course of justice in relation to Mrs
Nicholas' sex complaints against police officers in the 1980s. Dewar was chief inspector of the
Rotorua CIB when Mrs Nicholas approached police in 1993 with two historic
allegations, including those against suspended Assistant Commissioner Clint
Rickards and former policemen Brad Shipton and Bob Schollum. 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 another former policeman, who
has permanent name suppression, by giving inadmissible evidence. Asked by Crown prosecutor Brent
Stanaway why he didn't take a formal complaint from Mrs Nicholas after
hearing her say in court in another case that she had been raped by police
officers, Dewar said he was motivated to protect her. "I formed the view that it
would not have been in Louise Nicholas' interests to have done that," he
said, arguing that if it was found she had given evidence on oath and it was
a lie, he would be duty-bound to report that - and it would lead to perjury
charges. "Louise had already been
dealt with very badly by the police - five officers in total - and I didn't
think I needed to bring further aggravation into her life." However, Dewar's unease about
allegations Mrs Nicholas had had a baton inserted in her anus - "It is
unlikely a woman would subject herself to that sort of treatment," he
said - prompted him to interview Shipton. He admitted he had been involved in
numerous consensual sex acts with Mrs Nicholas, but not with a baton - and
that was backed by Mr Rickards. Dewar admitted he hid from his
superiors his concern Mrs Nicholas might have lied on oath. Dewar: "I
didn't believe it would be in her interests." Mr Stanaway: "What if you had
interviewed her and it turned out to be correct?" Dewar: "Shipton,
Schollum and Rickards would have been arrested and charged." Mr
Stanaway: "They were subsequently." Dewar: "And found not
guilty." Dewar said Mrs Nicholas' refusal
to talk to him about the rape allegations meant there was no complaint to act
upon. Mr Stanaway queried his decision
not to act on information given under oath. Dewar: "I'm paid to make
decisions, Mr Prosecutor. I'm the guy that has to pick up the dirt off the
shovel. It doesn't make me a bad cop or a criminal. I made a judgment call .
. . I would do it again tomorrow." As the cross-examination got
increasingly tense, Mr Stanaway said there was nothing personal. Dewar saw it
differently. "There is," he said. "It's me up here." In other evidence: ·
Dewar rejected the notion Schollum, Shipton and Mr Rickards were close
friends. ·
Dewar denied he was supporting the accused in the 2004-05 Mt Maunganui
pack rape trial when he attended the hearing, pointing out it was being
conducted by the same team which were accusing him of a cover-up. ·
Dewar was frustrated Mrs Nicholas had been painted as a liar in
another sex case with the defence accusing her of fantasising. ·
In response to allegations from a witness with name suppression that
she had group sex with Shipton and himself, Dewar said: "I never met her
until depositions. I can't say more about her, I simply don't know her."
·
Asked if he had ever been offered sexually as "a gift" to
anyone - as alleged earlier in the trial - he replied: "No, not
yet." ·
Earlier defence counsel Paul Mabey told the jury Dewar wasn't a criminal
just because he didn't do things by the book. ·
And he warned them to disregard case publicity. "The media are
only interested in the good bits." |