Top cop accused of sex crimes elects to give evidence in his trial

Kevin Burke stands in the dock at the Auckland High Court. Photo / Dean Purcell

Top cop Kevin Stephen Burke has begun giving evidence in his own defence.

Burke, a Detective Inspector based in Northland, is on trial in the High Court at Auckland before a jury.

His defence lawyer Arthur Fairley told the jury there was no obligation on an accused citizen to prove or do anything in a trial, short of turning up.

"The onus of proof is on the front table here – the Crown," Fairley said.

He cautioned the jury against being moved by sympathy or prejudice.

There were four matters the Crown needed to prove, he said.

The Crown alleges there are four charges relating to two complainants - one of whom is a victim of domestic assault.

That complainant, whose name is suppressed by law, alleges Burke came into her room, undressed, and rubbed himself against her on a bed.

She also alleges Burke pinned her against a wall to grope her and press against her.

On a third occasion, she alleges he exposed himself then forcibly performed oral sex on her.

She later moved overseas and in 2017 made a formal complaint about Burke's alleged crimes.

Another complainant came forward that year alleging she had been sexually assaulted by Burke on one occasion.

Burke told the jury he first joined police in January 1975 as a cadet, graduating the following year to begin working at Auckland central.

"In 1982, I took leave without pay and went farming."

In 1996 he rejoined the police, having taken an accelerated course to graduate in November that year.

Burke said in his role it was expected that he could talk to anyone and everyone.

In about 2008 a new policing act came in, part of that was a code of conduct about various behaviour - this changed common police practise and police no longer spoke to women on their own.

It was safeguard not only for police but for victims, witnesses, etc, he said.

The trial continues tomorrow.