Focus on Police Competence


The Trevor Franklin Police Botchup - Index


2000    Reports 2001    2002

This page last updated February 8 2006



2001-1226 - The Dominion - Girls to seek compensation
A compensation claim from three girls wrongfully jailed for aggravated robbery will not be lodged with the Government till at least February, the girls' lawyer, Gary Gotlieb, says…… The Crown's main witness, a 13-year-old girl, retracted her evidence by affidavit after their conviction.

2001-1114 - The Press - Compensation claim likely
NZPA -
Three teenage girls, wrongly imprisoned for a crime they did not commit, may seek hundreds of thousands of dollars in compensation from the Government. Lucy Akatere and Tania Vini, both 17, and Krishla Fuataha, 16, were jointly convicted of an aggravated robbery near the Three Kings Mall in Auckland in August, 1999.

2001-1113 - Stuff - Wrongly jailed girls seeking compo
NZPA -
Three teenage girls, wrongly imprisoned for a crime they did not commit, may seek hundreds of thousands of dollars in compensation from the Government. ……They spent seven months in Auckland's Mt Eden Women's Prison before they were granted bail after their lawyer Gary Gotlieb and private investigator Bryan Rowe persuaded police to reopen the case because a principle witness had lied, and that the three were nowhere near the crime scene.

2001-1104 - Sunday Star Times - A Fair Cop?
by Nicholas Maling - It is at courts like this that concerns are growing the police are lining up the wrong people for the wrong crime, or letting the guilty walk free through lack of evidence. The Sunday Star-Times has been told of a malaise affecting a crucial juncture in the justice system, police prosecutions. This is where the 9000-strong police force puts its cases before the courts for judgement. This is where justice should be done. Shoddy preparatory work or poor investigation carries a high cost--wrong convictions or unwarranted acquittals. Lawyers say these are precisely the risks being run by the police. The Criminal Bar Association and the Bar Association, which represent criminal lawyers and lawyers respectively, have raised concerns about a decline in the quality of police preparatory work for court.

2001-1025 - Southland Times - Trial and error
Editorial -
A 13-year-old girl, Auckland police, prosecution and defence lawyers have collectively played a part in a deplorable miscarriage of justice for three teenage girls who spent seven bitter months in Mount Eden Women's Prison. But exactly what everybody's role in the fiasco was remains to be sorted out, as do what lessons must be learned to minimise, if not prevent, such disgraceful masquerades from intruding into the New Zealand justice system

2001-1024 - Waikato Times - Call to sack officer
NZPA -
The father of one of three girls wrongfully jailed for seven months is happy the police have apologised, but wants the officer he believes responsible removed from the force.  Vini Kavi said Detective Constable Trevor Franklin, the former test cricketer who was in charge of the case, should be dismissed.

2001-1024 - Stuff - Police pressure led to false confession - witness
NZPA -
The main witness in the case against three Auckland girls wrongfully imprisoned for robbery says police pressure led to her false confession…….."I was confused and stressed out. The police kept saying if you don't say it we're going to get you another way. We're going to get you and the others. In the end I said it because I wanted to make the whole thing go away."

2001-1024 - NZ Herald - Father wants detective to go
ex Test Cricketer - now Detective Constable Trevor Franklin - Father wants him sacked
Detective Constable Trevor Franklin -
"should be removed from the force"

by Alan Perrot - The father of one of three girls who wrongly spent seven months behind bars is happy the police have apologised, but wants the officer he believes put them there removed from the force. Vini Kavi said Detective Constable Trevor Franklin, who was in charge of the case, should be dismissed. "I've got nothing against the police, it's just him. He's the one who made my girl go into prison. If he'd done his work properly, the girls wouldn't have been arrested.


If Trevor Franklin had done his work properly,
the girls wouldn't have been arrested
.


2001-1024 - The Dominion - Girl's dad wants detective sacked
The father of one of three girls wrongfully jailed for seven months is happy police have apologised, but wants the officer he believes responsible sacked.  Vini Kavi said Detective Constable Trevor Franklin, the former test cricketer who was in charge of the case, should be dismissed……. Mr Broad will not comment on the internal inquiry till it is completed, possibly next month.  Mr Franklin is still working and has employed a lawyer.

2001-1023 - NZ Herald - Freed girl's father likely to recover forfeited cash
by Paul Yandall - An Auckland father who paid a man $4000 to investigate the case against his innocent daughter in prison could get his money back in a compensation payment. Vini Kavi, the father of 17-year-old Tania Mayze Vini, who with two other girls was wrongly convicted last year of aggravated robbery, paid the man to help free his daughter. But after six months, the man failed to find anything of significance in the case and managed only to arrange a meeting between Mr Kavi and lawyer Gary Gotlieb. Mr Gotlieb hired a registered private investigator, former police superintendent Bryan Rowe, to investigate the case and as a result the girls' convictions were quashed last week.

2001-1022 - The Press - Detective hires lawyer to help
Greg O'Connor, Police Association

"Standing by Trevor Franklin"
Greg O'Connor, Police Association 
"Standing by Mr Franklin"  - refers to "staff shortages"

No known comment from O'Connor reported on concerns about Franklin's victims.

NZPA -
After convictions against three teenage girls were overturned last week the detective in charge of the case, former international test cricketer detective constable Trevor Franklin, has hired a lawyer to help save his career…… A friend also said Mr Franklin "categorically denies any criminal conduct". The Police Association is also standing by Mr Franklin. "We're making sure he's not hung out to dry. That's what tends to happen ... Everyone looks for someone to blame," said association president Greg O'Connor.

2001-1021 - Sunday Star Times - Detective hires lawyer to fight for career
by Rachel Grunwell - Former international test cricketer detective constable Trevor Franklin has hired a lawyer to help fight for his career in the police. "At the moment, not all of the relevant information about this case is in the public arena. People need to withhold judgement until all the facts are known," said lawyer Richard Earwaker

Meanwhile, police national manager of internal affairs superintendent Paul Nickalls said any officer found guilty of internal charges could be penalised with a range of options. Officers could face a maximum $500 fine, demotion, reduction in seniority, reduced pay or removal from office.  Nickalls said police were extremely tough on their own.

2001-1020 - NZ Herald - Man charged with acting as a 'PI'
A man who was paid $4000 to investigate the wrongful imprisonment of three girls has been charged with operating as a private investigator without a licence. The Court of Appeal this week quashed the teenage girls' joint conviction for aggravated robbery

2001-1019 - The Press - Justice mangled
Editorial -
It is a horror story except in the last chapter. Three teenage girls fingered for a crime they did not commit are confronted with police and a court that do not believe them. They are convicted. They spend seven months in Mount Eden. Only then does a tenacious lawyer manage to get a new court to quash their convictions and set them free.

2001-1019 - The Dominion - Wrongful jailing inquiry needed - investigator
by Glen Scanlon - The wrongful jailing of three girls must be investigated by a government commission of inquiry, the former police superintendent who helped free the girls says. Bryan Rowe, now a private investigator, said yesterday that everything that could have gone wrong with the case did and he had serious concerns about the police investigation, how it was prosecuted and how the judge handled aspects of the trial. The girls' case was just the tip of the iceberg.

2001-1018 - NZ Parliament - Questions for Oral Answer
Nandor Tanczos to the Minister of Police: Does he agree with Gary Gotlieb, lawyer for three girls wrongfully imprisoned for aggravated robbery, who is reported to have said that "Police had tunnel vision and often believed they had the offender and then found the facts to fit the crime."

2001-1018 - Green Party - GreensAlarmed.htm
Green Justice Spokesperson Nandor Tanczos today said the wrong conviction, and subsequent imprisonment, of three teenage girls showed up significant problems with the conduct and practices of the New Zealand police. “While I am pleased these girls have been freed, an apology has been given and compensation looks like being paid, this event takes already low public confidence in police procedures to a new level,” he said.

2001-1018 - The Press - Apology for 'miscarriage of justice'
NZPA -
Police Commissioner Rob Robinson has offered a public apology to the three "victims of a miscarriage of justice". "We agree with their lawyer that matters need to be put as right as they can, and on behalf of NZ Police I publicly offer them our apologies," he said yesterday…… Justice Minister Phil Goff wants to fast- track the compensation process for people sent to prison for crimes they did not commit. Yesterday a spokesman for Mr Goff's office said the Minister, who is in China for the Apec conference, wanted to streamline the compensation process

2001-1018 - NZ Herald - Police apologise to wrongly jailed girls
by Naomi Larkin - The police have apologised to three girls who spent seven months in jail for a crime they did not commit. Commissioner Rob Robinson said yesterday that police were "very sorry" that the Auckland teenagers were "victims of a miscarriage of justice".  On Tuesday, the Court of Appeal in Auckland quashed the joint conviction for aggravated robbery of Teangarua (Lucy) Akatere and Tania Mayze Vini, both aged 17, and McCushla (Krishla) Priscilla Fuataha, 16, all of Mt Roskill.

2001-1018 - The Dominion - Girls' claim for compo may be sped up
by Glen Scanlon - Three teenage girls who spent seven months in Mt Eden Women's Prison for a crime they did not commit will seek hundreds of thousands of dollars in compensation. Justice Minister Phil Goff said yesterday he was concerned with what appeared to be the girls' wrongful imprisonment and the trauma it caused. Their claim might be sped up if the Cabinet agreed to change the rules governing compensation.

2001-1017 - Waikato Times - Vindicated trio to seek reparation
NZPA -
Three teenage girls who walked free from court yesterday after the conviction which sent them to prison last year was overturned will seek compensation, their lawyer said. Teangarua Lucy Akatere, 17, Tania Mayze Vini, 17, and Krishla Priscilla Fuataha, 16, were jailed last year for what a judge described as a "sadistic" slashing.

After Justices Robertson, Gault and Salmon yesterday overturned the conviction, which was not opposed by police, the trio's lawyer Gary Gotlieb said they would be seeking compensation but not immediately. Mr Gotlieb said the three did not commit the crime and were wrongfully convicted.

2001-1017 - The Press - Conviction of girls overturned
NZPA -
Wellington - Three teenage girls who walked free from court after the conviction that sent them to prison last year was overturned will seek compensation, their lawyer says…………."The investigation and trial system failed in this case," said Justice Gault. The court said the wrong conviction raised questions about the conduct of the police which must be investigated. "Three young persons have been let down by the system."

2001-1017 - Stuff - Teenage girls in line for thousands in compensation
NZPA -
Three teenage girls wrongly jailed for eight months may be in line for tens of thousands of dollars in compensation. The girls spent eight months in Auckland's Mt Eden Women's Prison after they were convicted on charge of aggravated robbery. They yesterday won their appeal against the conviction when it was overturned by the Court of Appeal. The three judges on the bench told the girls "we offer our sympathy to them". But the girls' lawyer, Gary Gotlieb, said they wanted more than sympathy. They wanted an apology from police and compensation from the Government.

2001-1017 - Stuff - Innocent girls freed from jail
NZPA -
Three teenage girls convicted of a crime they did not commit want a police apology and plan to seek compensation.  The court heard that after their trial, the Crown's principal witness, a 13-year-old girl, retracted her evidence by affidavit. ….. The officer in charge of their case, former New Zealand test cricket opening batsman Detective Constable Trevor Franklin, did not accept the girls' denials.

2001-1017 - NZ Herald - System betrays innocent girls


As Mr Rowe, a former police superintendent, pored over the evidence he uncovered a series of police blunders and basic oversights that he describes as bordering on criminal offences.

by Naomi Larkin - ….. The teenagers were sent to prison last year for what a judge described as a sadistic slashing and they spent seven months in Mt Eden Women's Prison. .. Justice Gault said the "investigation and trial system failed in this case". The wrongful conviction "raises questions of conduct by the police which is a serious matter and must be properly investigated". The girls' appeal owed much to the painstaking work of private investigator Bryan Rowe and the efforts of their Court of Appeal lawyer, Gary Gotlieb, he said. So how could the whole system fail, leaving three innocent girls in prison?

As Mr Rowe, a former police superintendent, pored over the evidence he uncovered a series of police blunders and basic oversights that he describes as bordering on criminal offences. "There are things I have seen in this file that cause me to believe that at least the police should be making inquiries to see if criminal offences have been committed by any police officer."


2001-1017 - Evening Post - Jailed girls want police to apologise
NZPA -
Three teenage girls convicted of a crime they did not commit spent seven months in Mt Eden Women's Prison. Now the girls want police to apologise for a botched investigation and plan to seek compensation.

2001-1017 - The Dominion - Compo bid after 'terrible injustice'


Police had tunnel vision and it was often the case that police believed they had the offender and then found the facts to fit the crime, Gary Gotlieb said

NZPA - Three teenage girls who walked free from court yesterday after the conviction that sent them to prison last year was overturned will seek compensation, their lawyer says. Teangarua Lucy Akatere, 17, Tania Mayze Vini, 17, and Krishla Priscilla Fuataha, 16, were jailed last year for what a judge described as a "sadistic" slashing. They did not commit the crime and were wrongfully convicted, Mr Gotlieb said. Ms Fuataha was sentenced to two years' jail, the other two to 18 months. Police had tunnel vision and it was often the case that police believed they had the offender and then found the facts to fit the crime, he said.

2001-1016 - Waikato Times - Conviction overturned
NZPA -
Three teenage girls walked out of court today, close to tears, moments after the conviction which sent them to prison last year was overturned.

2001-1016 - Stuff - Convictions overturned for jailed teens


The court said the wrong conviction raised questions about the conduct of the police which must be investigated.

Three teenage girls jailed for a crime they did not commit, had their convictions quashed by the Court of Appeal today. Teangarua Lucy Akatere, 17, Tania Mayze Vini, 17 and Krishla Priscilla Fuataha, 16, were jailed last year for what a judge described as a "sadistic" slashing of a school girl.

The court heard after the trial an affidavit was produced by a principal witness retracting the original evidence. Facts were also produced proving the three were not in the vicinity of the Three Kings Mall in Auckland when a 16-year-old was slashed with a pair of scissors and robbed of $10. Much of the new evidence was not fresh and could have been obtained with reasonable diligence before the trial, Court of Appeal said today. "The investigation and trial system failed in this case," said Justice Gault.

The court said the wrong conviction raised questions about the conduct of the police which must be investigated.

2001-1016 - NZ Herald - Innocent girls ask police to say sorry


by Naomi Larkin - Three teenage girls convicted of a crime they did not commit spent seven months in Mt Eden Women's Prison. Now the girls want police to apologise for a botched investigation and they plan to seek compensation. The court heard that after their trial, the Crown's principal witness, a 13-year-old, retracted her evidence by affidavit.

2001-1016 - NZ Herald - Convictions overturned for jailed teenagers
Three teenage girls who spent eight months in prison for what a judge described as a "sadistic" slashing of a schoolgirl have had their convictions overturned in the Court of Appeal. Arm in arm with their lawyer Gary Gotlieb as they left court, the trio said it was a "sensational feeling" to be free. They appealed the conviction after a private investigator produced new evidence showing they were not in the Three Kings park when the girl was attacked

Gary Gotlieb