Allegations of Sexual Abuse


Mt Maunganui Pack Rape Case


1. Pretrial - From July 2004

 




The Dominion Post
August 28 2004

Police rape inquiry on hold
by Haydon Dewes

THE commission of inquiry into police conduct is on hold -- possibly for years -- till an investigation decides whether past and present officers should face criminal charges.

The commission announced yesterday it would not meet again till late October and had no plans to begin hearing evidence till any possible court action had finished.

The delay has come as a body blow to two women whose allegations led to the commission of inquiry, but they remain confident that justice will eventually be done.

In a ruling issued yesterday, commissioners Justice Bruce Robertson and Dame Margaret Bazley said there was a "very real risk" that police investigations into rape claims by Rotorua woman Louise Nicholas and Kaitaia woman Judith Garrett could be contaminated by the commission proceeding.

Ms Nicholas said yesterday frustration had crept in as the police investigation dragged on, but she was adamant that it be done right. "If it means that the commission has to take a break and sit back and wait, well hey, it's going to have to happen."

Her heart went out to the other women who had come forward, and she urged them to "hang in there".

Ms Garrett agreed the delay was yet another frustration in her pursuit for justice. She was satisfied with the police investigation so far into her rape claims, but urged police not to drag the chain with their inquiries.

The commission was established after Ms Nicholas alleged in The Dominion Post in January that she was pack-raped and violated with a police baton by three police officers in 1986 when she was 18. She named Assistant Commissioner Clint Rickards and two former officers as the men who raped her.

The trio have denied the allegations and say the sex was consensual.

Mr Rickards was stood down as the Auckland police commander in February. Police headquarters confirmed yesterday that he remains on full pay.

The allegations were followed by details of Ms Garrett's alleged rape by a policeman in 1988 being sent to Prime Minister Helen Clark.

Yesterday's ruling by Justice Robertson and Dame Margaret included details of previously confidential meetings by the commission, which show that it became apparent soon after it was established in February that a police investigation could take some time and that issues of conflict would probably arise if both were run together.

In a private meeting with Police Commissioner Rob Robinson on May 10, it was decided the commission's work would be conducted so as not to impede or contaminate the police inquiry. This meant at least eight cases that had been brought to the attention of the commission could not be investigated.

Police spokesman Jon Neilson said yesterday that he was unsure of when the criminal investigation would be completed.

In July, police investigating Ms Nicholas' alleged rape arrested four men in connection with a separate rape complaint, referring to Mt Maunganui at New Year in 1989.

In yesterday's ruling, Justice Robertson referred to a fifth man, a former police officer, who was arrested on eight rape and sex offence charges this month, all relating to one woman, more than a decade ago. The man, whose details are suppressed, appeared in Whangarei District Court this month and was bailed till October.