Ex-policeman Jamie Foster who raped colleague loses bid for Supreme Court appeal

Jamie Foster will serve his six year prison sentence after exhausting his appeal avenues. Photo / File

A former policeman who raped his sleeping colleague at a Northland motel has had his bid to take a final appeal to the Supreme Court dismissed.

Jamie Foster was found guilty by a jury in March last year of indecently assaulting and sexually violating the policewoman at a Kerikeri motel in February 2019.

The now 31-year-old was an Auckland area constable and part of a group of police officers deployed to help police the Waitangi Day events at the Treaty Grounds.

CCTV footage from the night of the crimes, which was played during Foster's trial, also revealed drunken lewd behaviour by several other officers staying at the motel - including a senior sergeant exposing himself and drinking from a hollowed-out police baton.

Foster, who claims any sexual activity with his victim was consensual in what his lawyer described as a "pre-arranged hook-up", had earlier this year lost an initial challenge of his convictions at the Court of Appeal.

Today, after defence counsel Paul Borich QC sought leave to appeal claiming a miscarriage of justice, the Supreme Court publicly released its decision declining a further hearing. The top court's judgment had been delivered on July 19.

Foster's mum, Jackie, who sat through her son's trial and appeal, previously told the Herald her son was "an innocent man rotting in prison".

"Both the justice system and the New Zealand Police have failed him and my family. We will never stop fighting for Jamie's innocence."

CCTV footage showed Foster, who had groped his victim earlier in the night, walking across the motel courtyard and slowly opening the ranch slider door to the female officer's bedroom.

"With a sense of entitlement, which he quite clearly has, he crept into her room and he raped her," Crown prosecutor Fiona Culliney said at Foster's sentencing.

Judge Evangelos Thomas, who sentenced the policeman to six years' imprisonment, also told him: "You raped her as she slept."

Foster's victim, who has permanent name suppression, said at the hearing: "I am forever labelled as the policewoman who was raped by the policeman."

The Herald earlier this year also revealed Foster phoned then Commissioner of Police Mike Bush shortly after the incident in the motel room. But the call and what was discussed was not presented as evidence to the jury.

A job sheet completed by Bush was eventually released by police under the Official Information Act.

"The caller introduced himself as Constable Jamie Foster. Constable Foster is known to me personally through his father, who is a friend of mine and my wife. I have known Constable Foster's father for over 25 years," Bush said.

"To the best of my recollection the exact words he used were, 'I am in serious trouble and I don't know what to do'."

Bush said he told the junior officer it was inappropriate to have called him and there was nothing he could do to help but advise him to contact the Police Association and seek legal advice.

Where to get help:

• If it's an emergency and you feel that you or someone else is at risk, call 111.
• If you've ever experienced sexual assault or abuse and need to talk to someone call the confidential crisis helpline Safe to Talk on: 0800 044 334 or text 4334.
• Alternatively contact your local police station.
• If you have been abused, remember it's not your fault.