Allegations of abuse by NZ Police

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Page 4 - Initial Reaction to Not Guilty Verdict

 




One News
March 2 2007

Questions follow police trial verdicts
Source One News/ Newstalk ZB

Revelations following the verdicts in the police sex trial have some questioning the way the justice system works.

Assistant police commissioner Clint Rickards, and former policemen Brad Shipton and Bob Schollum were on Thursday cleared of charges of kidnapping and indecent assault of a 16-year-old in Rotorua between November 1983 and August 1984.

The verdicts were followed by the lifting of a suppression order which had prevented the jury from knowing Shipton and Schollum are serving time for rape.

Both were convicted for the rape of a woman at Mount Maunganui in the late 1980s. Shipton is serving eight-and-a-half years and Schollum eight years. According the New Zealand Herald, Shipton is eligible for parole in 14 months, and Schollum in one year.

As part of New Zealand's legal system, a person's previous convictions are never relevant to a jury in case it prejudices a trial's outcome.

"If the other two convictions [Shipton, Schollum] had come in it may have affected Mr Rickard's case as well, so that's a factor any judge would have to take into account," says criminal lawyer Richard Earwaker.

However, some say juries should be privy to this information. Kevin Ryan QC argues that if previous convictions are similar to charges a defendant is facing, this should be placed before a jury.

Meanwhile, the jury in the trial is being urged to have faith in their judgement.

Victoria University Law School associate professor Elisabeth McDonald says just because someone has offended once, it does not mean they have done it again. But she adds that there is a difference between being innocent and being found not guilty in the eyes of the law.


Rickards' future

After three years on suspended pay while fighting charges against him in two separate sex trials, Rickards says he is keen to resume his post as assistant police commissioner.

But lawyer and former head of the Police Association Rob Moodie suggests Rickards may find it hard to be accepted by his colleagues again.

He says despite the fact Rickards has been acquitted, there has been a portrayal of unsavoury conduct.

A former top police officer turned private investigator Brian Rowe agrees, saying Rickards' life will be tainted by accusations of sexual abuse. He says there will be some people who will not accept the verdict and that is often the situation in high profile cases.

But an employment law specialist suggests the police will have to be thorough if they want Rickards dumped.

Phillipa Muir of Simpson Grierson says employers have a new test to justify dismissals and the police will have to investigate trust and confidence issues.

She says an employer has to determine whether a fair and reasonable employer would dismiss Rickards, not just whether the police think they should.

Police National Headquarters will only say his future will be dealt through a confidential employment process.