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Home / New Zealand

Bad cops: Tax evasion, murder, fraud and assaults on list of convictions for NZ police

Anna Leask
By Anna Leask
Senior Journalist - crime and justice·NZ Herald·
22 Sep, 2019 05:00 PM6 mins to read

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Within days of discovering his wife was leaving him, an Invercargill police officer was searching rifles for sale online. Credit: Otago Daily Times

More than 40 police staff have been charged with criminal offending in the last five years - including theft, sex abuse, fraud, tax evasion and murder.

Some have been jailed, others resigned or retired as a result of their offending, but many remain in the force despite their conviction.

The majority of convictions were for serious assaults and manner of driving, figures obtained by the Herald under the Official Information Act (OIA) reveal.

The most serious offences committed by cops were murder and tax evasion - and four were convicted of sexual assaults or abuse.

• READ MORE:
Hero former Auckland police officer avoids prison term over $283k in unpaid taxes
Disgraced former police officer Jeremy Malifa gave complainant a police uniform
'Sex predator' police officer sentenced for indecent relationship with 13yo girl
Corrupt Auckland cop guilty of illegally accessing police intelligence system

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In 27 cases the officer or non-sworn staffer resigned or retired after being convicted.

Nine were subject to employment processes - including being dismissed.

Four stayed in their jobs with no further action taken for property damage, fraud, and driving convictions.

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A police officer denies sexually assaulting a female colleague earlier this year. Photo / NZ Herald
A police officer denies sexually assaulting a female colleague earlier this year. Photo / NZ Herald

Three cases are ongoing, including a 28-year-old officer before the courts and awaiting trial after he was charged with indecently assaulting and sexually violating a female colleague.

The information provided did not include cases of police staff who are before the courts awaiting sentence.

One of those is a corrupt Auckland police officer who admitted illegally accessing the organisation's national intelligence computer system - which holds details about people's vehicles, locations, phone numbers and criminal histories - and supplied information to gangs.

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09 Dec 04:00 PM
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03 Feb 09:29 PM
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18 Jun 12:45 AM

He will be sentenced in December.

A 30-year-old constable pleaded guilty to accessing the police's national intelligence application system (NIA) for a dishonest purpose. Photo / NZ Herald
A 30-year-old constable pleaded guilty to accessing the police's national intelligence application system (NIA) for a dishonest purpose. Photo / NZ Herald

Commissioner Mike Bush was asked to comment on the convictions, but a police spokesperson responded on his behalf.

"The public rightly expects high standards from police staff," said the spokesperson.

"We set high professional standards for ourselves and demand integrity from our staff, in terms of judgement, choices and actions.

"On the rare occasions that an officer's conduct is not in line with police's values we will not hesitate to investigate and deal with the matter appropriately."

Police staff are subject to the same processes as any member of the public.

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"As with any offence, the decision to prosecute must be made in line with the Solicitor General's guidelines and meet the evidential threshold," said the spokesperson.

"Where there is sufficient evidence that a crime has been committed, police will prosecute, if it is in the public interest to do so."

The spokesperson said public interest considerations included the seriousness of the offence, if violence was used, previous offending and impact on any victim.

"The Solicitor General's guidelines apply to everyone, regardless of their occupation."

Police Minister Stuart Nash said, in an organisation with 13,000 staff, occasionally people were "going to let the wider team down".

"I trust the Commissioner to maintain the high standards the public and I expect of police," he said.

"Overall, the men and women who serve in New Zealand Police do an outstanding job, they see the best and worst of our society."

Bad cops - roll of dishonour

• Gavin Giles, 2019

The South Auckland police officer was caught having a sexually inappropriate online relationship with a young teenage girl in Texas.

In February this year Gavin Giles, 47, was sentenced to eight months' home detention after pleading guilty to a charge of indecent communication with a person under 16.

Gavin Giles was convicted in 2019 after he was caught having a sexually inappropriate online relationship with a child in the US. He was a cop at the time. Photo / Doug Sherring
Gavin Giles was convicted in 2019 after he was caught having a sexually inappropriate online relationship with a child in the US. He was a cop at the time. Photo / Doug Sherring

He left the police soon after the charges were laid.

Judge David Sharp revealed Giles sent indecent photos to the girl and said his offending was "premeditated" and "had an aspect of grooming and sexual predator behaviour".

• Gregory Fallon, 2018

Auckland constable, known for his dramatic rescue of a drowning couple, pleaded guilty to tax evasion in February 2018.

Gregory Raymond Fallon escaped jail after he was convicted failing to pay just over $283,600 in tax.

Former police officer Gregory Raymond Fallon avoided a prison term for tax evasion offences. Photo / Michael Craig
Former police officer Gregory Raymond Fallon avoided a prison term for tax evasion offences. Photo / Michael Craig

He was sentenced to nine months' home detention and 150 hours' community work.

He resigned from police a month before the hearing.

An employment investigation was due to commence following the outcome of the court proceedings, however, the internal probe was scrapped when he left the force.

• Jeremy Malifa, 2017

The Auckland constable - who was married at the time and a father of three - stalked 21 women using information from the NIA in what Judge Heemi Taumaunu described as a "predatory manner".

Jeremy Malifa avoided jail after he stalked more than 20 women while working as police officer. Photo / Michael Craig
Jeremy Malifa avoided jail after he stalked more than 20 women while working as police officer. Photo / Michael Craig

Malifa was sentenced to 400 hours of community work, 12 months' supervision, six months' community detention and ordered to pay $200 to each of his victims.

• Benjamin McLean, 2017

The Invercargill constable was jailed for life after he executed his wife and tried to kill her new lover.

McLean admitted murdering his wife of 18 years, Verity McLean, on Anzac Day, 2017.

Ben McLean and his wife Verity, who he murdered. He was a police officer at the time of the crime. Photo / supplied
Ben McLean and his wife Verity, who he murdered. He was a police officer at the time of the crime. Photo / supplied

The mother of their three children died from a single gunshot to the head, less than three weeks after she told McLean she was leaving him for family friend, Garry Duggan.

McLean also pleaded guilty to attempting to murder Duggan.

He must serve 17 years of his sentence before he is eligible for parole.

• Shane Greville, 2015

Hawkes Bay constable Shane Greville kept his job after he admitted careless driving causing injury after crashing his vintage car into an elderly woman's vehicle while speeding.

Greville said he was "very remorseful" and acknowledged he had been "showing off" in his $89,000 1967 Chevrolet Camaro.

He was fined $1000 and disqualified from driving for 10 months.

During the court process he was on restricted duties.

By the numbers - police offending in NZ

2015
11 police staff convicted of:
Theft x2
Property damage
Sex offending
Serious assault x4
Manner of driving x2
Alcohol or drug impaired driving

2016
11 police staff convicted of:
Serious assaults x2
Grievous assault
Driver duties and obligations
Alcohol or drug impaired driving x3
Manner of driving x2
Fraud x2
Offence against justice
Criminal harassment

2017
8 police staff convicted of:
Serious assault x2
Intimidation and threats x2
Criminal harassment
Property damage
Computer crime
Sexual offending
Alcohol or drug-impaired driving
Manner of driving
Homicide

2018
5 police staff convicted of
Serious assault
Alcohol and drug-impaired driving x2
Serious assault
Tax evasion
Manner of driving

2019
8 police staff convicted of:
Sexual offending
Manner of driving
Serious assault x2
Alcohol or drug-impaired driving
Sexual offending x2
Computer crime
Minor assault
Manner of driving

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