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Page 4 - Initial Reaction to Not Guilty Verdict

 




One News
March 2 2007

Police trial raises time issues

 

Gary Gotlieb



Gary Gotlieb (Defence Lawyer) :
This whole PC thing the poor woman
lets just lay the charge at any time whatever. Well sorry, the poor accused
person also has to have some rights and that's just been forgotten

 

 

 

 

 

 

 

 

Graeme Newell



Graeme Newell (Criminal Bar Association) :
Some say what's needed
 is a change to the eight year minimum imprisonment for rape

 

 

 

 

 

 

 

 

 

 

Jeremy Finn



Jeremy Finn; (Canterbury University Law Lecturer) :
"There are a number
of cases where we have no doubt at all about the guilt of the offender"



 

 

 

 

 



A top New Zealand lawyer is calling for a time limit on rape allegations after not guilty verdicts were reached in the police indecent assault trial for charges dating back more than 20 years.

Suspended Assistant Police Commissioner Clint Rickards and former police officers Brad Shipton and Bob Schollum were found not guilty on kidnapping and indecent assault charges.

The case is one of several multimillion dollar trials into historical claims that have failed to get a conviction.

Defence lawyer Gary Gotlieb believes the women who made the accusations should not have been allowed their day in court.

"The complainant really should go to the police earlier," Gotlieb says.

However, Louise NichoIas told Close Up she is convinced she did the right thing in 2004 when she went public with historic claims of rape against Rickards, Shipton and Schollum.

"If I had to do it all over again I would not hesitate," Nicholas said.

But Gotlieb wants a 10 year expiry date on rape allegations, sparking debate in the legal fraternity.

"I think 10 years is possibly too short...I think that people...or possibly young people when they grow up should be allowed to bring these cases to court. Perhaps 15, 20 years," says Graeme Newell from the Criminal Bar Association.

Gotlieb represented former Kaitaia constable Timothy Ogle who was acquitted of rape last year - 19 years after the alleged incident. "It took us a year to find a very important witness," he said. "Others had disappeared."

In New Zealand there is only a statute of limitations on civil cases with a window of six years in which people can sue. There is no time limit on laying criminal charges and some legal experts say the current law is there for good reason.

"There are a number of cases where we have no doubt at all about the guilt of the offender even though it's been a very long time ago," says Canterbury University law lecturer Jeremy Finn.

But Gotlieb says it has become a PC issue about women and the rights of the male accused have been forgotten.

Others say there needs to be a change to the eight year minimum imprisonment for rape, believing juries might be quicker to convict because they would not be so concerned about a very heavy penalty in circumstances where they think it is not warranted.

 

 

Transcript

 

Presenter

Some of the country's top lawyers are now demanding a time limit on rape allegations. Clint Rickard's case is one of several multi million dollar trials into historical claims that have failed to get a conviction

 

Reporter (Jacobina Plummer), (Video of complainant leaving court March 1 2007

She didn't need to say a word to tell the country how she felt, but one of New Zealand's top defence lawyers says these accusers of rape should never have been allowed their day in court.

 

Gary Gotlieb

The complainant really should go to the police earlier. That's the long and the short of it

 

Louise Nicholas

I know I've done the right thing and I would, if I had to do it all over again, I would

 

Reporter

But Gary Gotlieb's call for a ten year expiry date on rape allegations has sparked debate in the legal fraternity

 

Graeme Newell, Criminal Bar Association

I think 10 years is possibly too short...I think that people...or possibly young people when they grow up should be allowed to bring these cases to court. Perhaps fifteen, twenty years

 

Reporter

Gary Gotlieb represented former Kaitaia constable Timothy Ogle, acquitted of rape last year 19 years after the alleged incident.

 

Gary Gotlieb

It took us a year to find a very important witness. Others had disappeared

 

Reporter

Currently in New Zealand there's only a statute of limitations on civil cases, a window of six years in which people can sue. There's no time limit on laying criminal charges and some legal experts say that the law is there for a good reason.

 

Jeremy Finn

There are a number of cases where we have no doubt at all about the guilt of the offender even though it's been a very long time ago

 

Gary Gotlieb

This whole PC thing the poor woman lets just lay the charge at any time whatever. Well sorry, the poor accused person also has to have some rights and that's just been forgotten

 

Reporter

Others say what's needed is a change to the eight year minimum imprisonment for rape

 

Graeme Newell

Then juries might be quicker to convict because they wouldn't be so concerned about a very heavy penalty, perhaps eight years imprisonment, in circumstances where they thought it wasn't warranted. It may be for that reason that they don't convict.

 

Reporter

A debate this latest case looks to fuel further. Jacobina Plummer, One News