Allegations of abuse by NZ Police

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Page 5 - Further Reaction to Not Guilty Verdict

 





Sunday Star Times
March 4 2007; 05:00

Do us a favour, mate
by Michael Laws

It was always the unwinnable case.

The goal was obvious: to convict an assistant police commissioner and two of his mates, for allegedly kidnapping and sexually abusing a 16-year-old more than 20 years ago.

But the evidence? Well, that was where the problems started. All the prosecution had was the say-so of the then 16-year-old. A woman who had never complained - not at the time of the alleged offence nor in any year since. In fact, she was a push-complainant - the police pushed her into it.

Their collective task was clear. As HQ cops have privately confided, they considered Clint Rickards and his ilk to be "dirty". And that their actions in the mid-1980s - not so much a different time but a different country - were incomprehensible and immoral.

But then the police today are a PC outfit. They would rather send staff to a powhiri than a pub brawl, to apprehend speeding mums at nine in the morning than gang members at nine at night. They are the product of this age, and the proximity of their leadership to the sisterhood's sometimes withering chill.

The latter accounts for the fact that the deputy police commissioner is a female bureaucrat recruited direct from Archives New Zealand. No doubt, her only previous encounters with the sworn constabulary were being shown across the road after a home Hurricanes match.

This is not to declaim Lyn Provost. She is a perfectly competent civil servant. But the fact that a non-cop, steeped in the civil service, is second in line to Police Commissioner Howard Broad gives you a fair indication as to HQ's true mistresses these days. They are as independent from the Beehive as an addict from crack cocaine.

Which is not entirely their fault. There has long been a feeling within Wellington policy circles that the police are an inefficient bunch and too immune to public sentiment. The latter is an ironic charge given that no Wellington-based policy-maker has a clue as to what the public really wants, or is likely to care.

However, they are intimately aware of their fellow, university-educated policy wonks. That is their milieu and they assume the rest of the country thinks like them too.

So, let's be clear.

The jury verdict from the trial of Clint Rickards, Brad Shipton and Bob Schollum was absolutely inevitable. The burden of reasonable doubt was always going to be too high a mountain to climb. As was similarly plain with the Louise Nicholas case.

More important: the police knew this. Especially after the Nicholas case. There was even less evidence and less corroboration in this current trial. I have little doubt that the attorney-general and Crown Law so advised the police. But they persisted. Why?

Go back to my opening paragraphs. Because Police HQ regard Rickards and his mates as dirty. Morally dirty. Their sensual excesses in the mid-1980s were deemed to be wholly inappropriate in the first decade of this new century.

Apply that logic to every other public institution in this country. I doubt there would be a middle-aged MP anywhere who has not regretted his youth and early adulthood. An inappropriate shag from two decades ago and goodbye position, goodbye salary, goodbye career. And it seems worse if you were in uniform - well, at least before you weren't.

Then there is the specious line of reasoning - advanced on TVNZ in the wake of the verdict by a female Victoria University criminologist -that the latest verdicts will have rape and sexual abuse victims refraining from complaint.

A commentary that presumes two things. First, that the jury were morons. Second, that criminal law need not apply if the alleged victim is an aggrieved female.

But that's the thing these days. If you are male, white, heterosexual and middle-aged, you must be automatically guilty. Even when the evidence does not stack up.

Then there was the media's appalling judgement in the wake of the Thursday acquittals. "What the jury didn't know" screamed the New Zealand Herald. That Shipton and Schollum were banged up in Kaitoke Prison, just outside Wanganui, for an earlier historical rape verdict in Tauranga.

Sorry? Despite the suppression orders, almost the entire country knew this "hidden" information. We are such a small and intimate nation, and word-of-mouth and the internet are so pervasive, that not to have known of the previous convictions would constitute clear evidence of having received electric shock treatment.

Although the fact is, that all this shock/horror information was irrelevant. As Justice Potter reminded the jury, they were trying only one case and applying one set of facts. If the two former cops had turned up in white boiler suits every day, it would have made no difference. There was no corroborative or physical evidence to convict them.

The truth is that the Rickards trials were politically motivated. From being the darling of the force, Rickards found himself their pariah. And that status required confirmation. This was the point of these trials.

Which now leaves the police not only looking stupid, but with little choice. The law has pronounced Rickards innocent. Which means he should be restored to where he was before the allegations surfaced - to a career heading New Zealand's largest police district.

Except he won't be. The police will offer Rickards everything except a uniform and a warrant. They will attempt to procure his retirement and/ or resignation.

I wouldn't mind so much if it was not your and my money that they will use to obtain this resolution. So to Clint Rickards this morning, I simply say this: do us all a favour, mate. Tell them to stick it.