The jury returned its verdicts today for top Northland cop Kevin Burke. Photo / Dean Purcell
The jury returned its verdicts today for top Northland cop Kevin Burke. Photo / Dean Purcell
A top cop has been found not guilty of indecently assaulting two women.
Kevin Stephen Burke, a detective inspector in Northland, has been on trial for the past two-and-a-half weeks over sexual allegations.
Today, the jury returned its verdicts in the High Court at Auckland on the two charges ofindecent assault and two counts of sexual violation by unlawful sexual connection.
The 61-year-old's charges related to two separate women's allegations.
"This is largely a he said, she said case," Justice Sarah Katz said before the jury began deliberating.
The accusations against Burke stemmed from when he was an Auckland detective in 2002 and 2003.
Both women claimed they met him during separate criminal investigations he was involved in.
Crown prosecutor Jo Murdoch had told the jury the two women – who are unconnected - came from "very different worlds and led very different lives".
"The Crown says the complainants have one thing in common – the defendant sexually assaulted them after they put their trust and confidence in him."
Kevin Burke was accused of sexually assaulting two women. Photo / NZME
The first complainant was of a similar age to Burke, in her 40s, while the second complainant was in her 20s, at the time of the alleged offending.
The older woman met with Burke in 2002 to discuss her dealings with a fraudster the detective was investigating.
A few weeks after Burke met her in a professional capacity, Murdoch told the court, he arrived uninvited at the woman's home carrying a box of beer and a bottle of wine.
The pair talked for several hours on the deck of the woman's home, the prosecutor said.
The woman said she didn't drink any alcohol but thought Burke was too drunk to drive.
"I have never seen someone drink so much," the woman told the court during her evidence.
She offered him a bed in the spare room, where the Crown alleged, Burke started to kiss her.
Police decided to prosecute one of their own, Kevin Burke, a well-known Northland police officer. Photo / NZME
Burke allegedly overpowered the woman, pinned her arms above her head, before sexually assaulting her.
"I kept trying to push back. It just happened so quickly," the woman said.
She managed to break free of his grip and spent a sleepless night in her own room, the court heard. Burke, meanwhile, stayed the night in the spare room.
The alleged attack was recorded in the woman's diary, Murdoch said, although she did not make a complaint at the time.
Burke's defence counsel Arthur Fairley, however, presented a different narrative to the jury.
Fairley said his client was invited to the woman's home, the sexual contact was consensual, and the pair also met for coffee and dinner – even after the alleged assault.
The second complainant, Fairley said, had absolutely no sexual contact "at any stage, shape, or form" with Burke.
She was much younger, in her 20s, and was in a violent relationship with a notorious criminal.
Kevin Burke's defence counsel Arthur Fairley. Photo / Michael Cunningham
Burke was the officer in charge of investigating an assault after the woman was stabbed by her partner.
"I thought he [Burke] was awesome. He was my hero," she said while giving evidence.
"I felt like if they hadn't come to the house that day I probably would have died."
Murdoch said the second complainant was in a "bad place" and saw Burke as a caring and professional police officer.
But Burke came to the woman's home one night, Murdoch alleged, before undressing, climbing into bed with her, and rubbing his groin up and down her back before falling asleep.
A few weeks later, Burke returned to the house and pinned her up against the wall to grope her buttocks and breast, as well as grinding his groin into her, the Crown alleged.
On a third occasion, he was accused of exposing himself to the woman, then forcibly performed oral sex on her.
She later moved to Australia and made a formal complaint about Burke in 2017.
During the trial three police interviews with Burke were played for the jury shortly before he took the stand in his own defence.
