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John Dewar - 2007 - Page 3

 





Waikato Times
August 7 2007

Dewar the 'protector'
by Bruce Holloway

 

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.
"They weren't known to me. But even if they were it wouldn't have made any difference to the decision that I would have made.
"If a complaint had been made to me I would have acted on it, I would have investigated."

·                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.
"It's the old adage. Get to know your enemy. I wanted to know the strengths and weaknesses of the investigating team.
"I was there because you were there," he told Mr Stanaway.

·                Dewar was frustrated Mrs Nicholas had been painted as a liar in another sex case with the defence accusing her of fantasising.
"When Louise Nicholas says she has sex with police officers - she has sex with police officers."

·                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."