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Home / Northern Advocate

Top Northland cop, Detective Inspector Kevin Burke, retires after sex assault acquittal

Sam Hurley
By Sam Hurley
NZ Herald Print Editor·Herald on Sunday·
21 Sep, 2019 05:00 PM5 mins to read

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Former Northland police officer Kevin Burke went to trial after two women accused him of sexual assault. Photo / Dean Purcell

Former Northland police officer Kevin Burke went to trial after two women accused him of sexual assault. Photo / Dean Purcell

A detective inspector from Northland acquitted of four criminal charges of sexual assault earlier this year has now retired, but did he and police reach a settlement?

A top cop accused of sexually assaulting two women has left the force after being acquitted by a jury and facing an employment inquiry.

But both he and police are remaining tight-lipped about the possibility of a substantial severance package which may have been paid when the detective inspector tossed in his badge.

The allegations against Kevin Burke had stemmed from when he was a detective in the Auckland area during 2002 and 2003.

Two women claimed they met him during separate criminal investigations he was involved in before later accusing him of sexual assault.

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Burke, who became a well-known Northland officer, was charged but found not guilty by 12 jurors in February of two charges of indecent assault and two counts of sexual violation by unlawful sexual connection.

His lawyer, Arthur Fairley, said Burke "always wanted to face the jury" to clear his name.

"Clearly I've got things to consider, so I'd just like time to spend with my family and my legal team," Burke told media after the verdicts.

Now, after a lengthy career in blue, the 61-year-old has retired.

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Burke's last day was on August 30, Detective Superintendent Chris Page said in a statement to the Herald on Sunday.

However, Burke had not been on active duty since April 2017, when he was suspended with pay at the start of the criminal investigation.

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Page said he was unable to comment further on the internal employment matter "and on that basis have nothing further to add".

The Herald on Sunday understands from multiple sources, however, that the two parties have reached a form of settlement which included Burke's retirement.

But neither Burke nor police were willing to discuss the particulars of any such agreement or whether there had been a sizable payout.

Both parties are now bound by a confidentiality clause, the Herald on Sunday understands.

Police said an employment investigation was to follow the criminal proceedings, though the details of any such investigation remain unclear and are yet to be released or discussed publicly by police.

A review by the Independent Police Conduct Authority (IPCA) is also in the works after complaints were made about how the case was handled.

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Police have already apologised for a procedural and communication error after claiming one of the complainants making allegations against Burke had been contacted by an investigating officer when they hadn't.

The IPCA was approached for comment by the Herald on Sunday about the timeline of its investigation but did not reply to questions.

Kevin Burke, a former detective inspector, has left the police after being found not guilty of sexual violence charges. Photo / File
Kevin Burke, a former detective inspector, has left the police after being found not guilty of sexual violence charges. Photo / File

During Burke's High Court trial, the jury heard the first complainant was of a similar age to Burke at the time, in her 40s, while the second complainant was in her 20s at the time of the alleged offending.

The first met with Burke in 2002 to discuss her dealings with a fraudster the detective had been investigating.

A few weeks after Burke met her in a professional capacity he arrived uninvited at the woman's home carrying a box of beer and a bottle of wine, the Crown claimed at his trial.

The pair talked for several hours, however, 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," she told the court.

She offered him a bed in the spare room, where the Crown alleged, Burke started to kiss her.

Burke was then accused of overpowering the woman, pinning her arms above her head and 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, the Crown said, although she did not make a complaint at the time.

Burke's version of events, however, is that the sexual contact with the woman was consensual.

Both Kevin Burke and police are remaining tight-lipped about the possibility of a substantial severance package. Photo / File
Both Kevin Burke and police are remaining tight-lipped about the possibility of a substantial severance package. Photo / File

The second complainant was in a violent relationship with a notorious criminal, while Burke was investigating an assault after the woman had been stabbed.

"I thought [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."

But Burke was later accused of coming to the woman's home one night, before undressing, climbing into bed with her, and rubbing himself on her.

A few weeks later, the Crown alleged, he returned to the woman's house and pinned her up against the wall - groping and grinding into her.

On a third occasion, he was accused of exposing himself to the woman, then forcibly performed oral sex on her.

The woman later moved to Australia and made a formal complaint about Burke in 2017, sparking the criminal investigation into the top cop.

Burke, however, said the second woman's allegations simply never occurred.

"I totally refute these allegations, it just never happened," Burke said during one of his three police interviews played during his trial.

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