Alleged rape victim: I want to see policeman in the dock

By LOUISA CLEAVE

Judith Garrett still hopes to see the police officer she alleges raped her more than 15 years ago stand trial.

Prime Minister Helen Clark has confirmed Ms Garrett's case will be taken into account when terms of reference are drawn up for a commission of inquiry into the police handling of an alleged pack-rape by three police officers.

Ms Garrett, now 60, is also calling for Northland police to re-open a criminal investigation into her complaint that a police constable, Timothy Ogle, handcuffed and raped her inside the Kaitaia station in 1988.

She complained to police 24 hours later. Mr Ogle admitted having sex with her but said it was consensual.

Ms Garrett alleges a cover-up.

Charges were never laid against the officer, he was discharged from the police during the investigation and now lives overseas.

Ms Garrett unsuccessfully sued the Attorney-General in a private prosecution in 1994.

An appeal to the Court of Appeal two years later was turned down, because malice could not be proved, although the judge stated that he believed a rape did occur.

"I don't see why [the officer] should get away with it," Ms Garrett told the Herald. "He's been in Australia ever since he was more or less told to go in July 1988."

She said her case bore similarities to that of Louise Nicholas, whose allegations sparked the commission of inquiry.

Ms Garrett said Sergeant Colin Yates, who investigated her complaint, did not take a statement and did not take notes during their interviews. "He used to come out every time my counsellor came out, and we thought he was a nice man. We trusted him."

The sergeant had been with the constable on the night of the alleged rape.

Ms Garrett was introduced to the policemen at a hotel and that night asked to drive Constable Ogle home.

She says he told her to stop at the police station on the way and, outside the station, handcuffed her. She alleges he took her into the station to find a key and raped her in an office.

Ms Garrett claims the Kaitaia police immediately started covering for each other.

"I think it basically comes down to the first sergeant who took the complaint. I didn't realise it at the time, but he would have been in a lot of trouble over what happened that evening because ... he'd gone there in a police vehicle with a young girl and they were going out to have a night out when they were in a police car.

"They told the police later they were there because there was a gang confrontation."

Ms Garrett said her family lawyer eventually made inquiries into the progress of the investigation and found she was being misled.

"He found that no, [the constable] hadn't been charged. No, he wasn't resigning. No, he hadn't left the force. I'd just been taken for a ride."

Ms Garrett said the investigation was picked up by a detective inspector from Whangarei, who told her there would be a prosecution.

"Then we heard nothing and in the end got hold of him and he said there wasn't going to be a prosecution.

"He said a decision had been made at the very top, in Wellington, and there was nothing he could do."

Ms Garrett said she did not take her complaint further at the end of the appeal case.

The 1994 murder in Mangonui of her daughter, Katherine Sheffield, on top of years of fighting to have the rape case heard, brought her to her knees.

Ms Garrett said she lost her faith in the police to investigate and did not make a complaint to the Police Complaints Authority.

"It affected my daughter's life from 1988. We were all terribly affected by a couple of policemen's desire to keep their noses clean.

"It's disgusting. It's disgraceful and they did just the same with Louise [Nicholas]."

* Northland district commander Viv Rickard last night told the Herald he would have to look at the case and see what had been said about it before making any decisions.

"Obviously if there's something in terms of evidence we'll consider what that evidence is and whether to reopen the case."

Attempts to contact Mr Ogle proved unsuccessful.