Thompson takes his appeal to High Court

Alan Thompson

 by Craig Kapitan

An Olympic gold medallist accused of making lurid, “sexually aggressive” comments to two young female athletes and exposing himself to a third woman during an overseas competition is seeking a judge’s help in getting re instated to the group that governs his sport.

Elite athlete turned coach Alan Thompson, who was revered in New Zealand after earning two gold medals at the 1984 Olympic Games in Los Angeles, had his lifetime membership with Canoe Racing New Zealand (CRNZ) revoked in 2021 after an investigation into the misconduct allegations.

“If I were your age, I’d have you on your back in bed with your legs over your head,” he is alleged to have said to a woman in her early 20s, according to statements made in the High Court at Auckland this week as Justice Mathew Downs reviewed the case.

He was in a position of power at the time and the comment was made in front of younger male athletes, causing them to laugh, an independent investigator determined before the vote to expel Thompson.

“The conduct is shocking and disgusting — it’s highly damaging,” CRNZ lawyer Paul David, KC, argued. “With complaints like this, they demand action from those entrusted with running the sport —with protecting it.”

The historical allegations, from three different women, spanned three decades dating back to the 1990s. The NZ Herald has elected not to give the exact dates to protect the identity of the complainants.

On another occasion, Thompson is alleged to have given a vulgar suggestion as to how another young female athlete could make up for a late payment to the organisation.

The oldest allegation involved an allegation he exposed himself to a female athlete after a night of drinking while in Europe, telling her something along the lines of: “Get a load of this.”

Thompson, 63, did not appear in court on Monday. He has previously denied the allegations.

His lawyer, David Fraundorfer, argued that the CRNZ board wrongly went about the suspension and expulsion process, disregarding its own constitution and not giving Thompson enough time to respond to the investigation findings.

Given the potential damage to Thompson’s livelihood, the courts expect a higher standard than the “unsound process” that followed the independent investigation by Wellington-based barrister Victoria Casey, KC, Fraundorfer said.

“When the (investigation) reports were received there was no degree of critical thinking,” he said. “They effectively rubber-stamped them, then used them as the basis for the process that followed.”

Additionally, Fraundorfer said, the earliest allegation had already been investigated and dealt with in the 1990s, before Canoe Racing New Zealand was incorporated. It’s unfair to relitigate something that happened before Thompson was even a member of the current organisation, he said.

The canoeing organisation’s lawyer conceded that the timeframe Thompson was given to respond to the findings was short, but he insisted it wasn’t inappropriate.

“The board didn’t rubber stamp the reports,” he said, describing its members as “honest, volunteers trying to do the right thing”.

“They were very simple allegations and they’re very simple conclusions.”

The entire process from the time of the complaint to the decision to ouster Thompson took the better part of a year, he said.

“CRNZ has been through a lengthy process here — one that is unprecedented,” David said, pointing out that one of the three accusers left the sport permanently as a result of the alleged interaction.

“A board confronted with complaints of this nature must act to protect the sport and its members.”

Justice Downs reserved his decision, estimating that it will likely be a month or two before his judgement is delivered.