Clark turns heat on police

By KEVIN TAYLOR, political reporter

Prime Minister Helen Clark has ordered a powerful commission of inquiry into the police's handling of claims that three police officers pack-raped a woman.

The culture within the police will also be under the microscope of the inquiry, which she said might take most of this year.

Yesterday, in a day of dramatic developments, the police also reopened the criminal investigation into the claims by Louise Nicholas that as an 18-year-old she was pack-raped by the officers in a Rotorua police house in 1986.

One of the trio, Auckland City district head Assistant Commissioner Clint Rickards, was yesterday stood down on full pay by Commissioner Rob Robinson as the criminal probe was reopened.

Mrs Nicholas alleges Mr Rickards and two former officers, Tauranga District councillor Brad Shipton and Napier used-car salesman Bob Schollum, pack-raped her and that a police baton was also used to violate her. The trio strenuously deny her claims.

She also accused former Detective Inspector John Dewar, the man responsible for looking into her case, of failing to investigate the men properly so he could protect his colleagues.

The Government has moved swiftly since the allegations broke on Saturday and yesterday Helen Clark told the post-Cabinet press conference that a commission of inquiry was important to maintain public confidence in the police.

A commission is one tier below a royal commission, and has the power to subpoena witnesses and call for documents.

"The allegations are extremely serious and suggest a systemic cover-up of misbehaviour by the police," she said.

"In addition, they raise questions about the culture within the police."

The commission would investigate processes, not whether anyone was guilty or innocent, because that was the police's job.

"I think the general public is wise enough to know that in any box of apples there's the occasional bit of rot. The question is how that is dealt with," Helen Clark said.

"From the point of view of the Government, if there are any allegations of rot in the box of apples you deal with it, and quickly."

Attorney-General Margaret Wilson indicated the behaviour standards of police officers would form part of the inquiry, which is yet to have terms of reference drawn up.

The three men have admitted having consensual sex with Mrs Nicholas, prompting questions about their ethics.

"I think the public concern lies as much in what has been admitted of activities and behaviours that are not criminal, and those are issues that have also raised some concerns," Ms Wilson said. "So it's not only about criminal behaviour or not, but whether it is conduct that is becoming of an institution such as the police."

Helen Clark, asked if she was concerned that there was a culture in the police that was disrespectful of women, said: "That will be in the back of people's minds - is there a culture issue here. And that is something the commission should address."

The Herald is aware of four cases in the central North Island where the actions of police in relation to alleged sex offending have come under scrutiny. One involves Mrs Nicholas' allegations against Mr Rickards and the two former officers.

Case two concerns a Murupara woman who was twice raped in a case which police failed to investigate properly.

Case three involves a police officer criticised by a judge for his conduct in a Rotorua rape trial, key details of which are suppressed.

Case four involves allegations that four Murupara policemen committed indecencies on Louise Nicholas in 1980 to 1983. The matter never came to trial after police decided the case was "not established".

Mr Rickards said in a statement yesterday that he would fight the allegations "to my last breath".

"Over the last week I have been vilified by the media in print and on television and radio. Throughout, I have complied with my obligations as a police officer and remained silent, even though this has been very difficult," he said.

"I will co-operate with the investigation, but again I emphasise that these matters were fully investigated 10 years ago when I was totally exonerated of any criminal conduct."

Mr Robinson told a media conference the police would offer full support to the commission of inquiry.

"Public trust and confidence is the supreme issue that must be addressed, and in the current situation I hold the view that that perhaps can only be resolved by authorities beyond police.

"I do accept, however, that in the midst of current debate the police investigation and review process may be insufficient to overcome public perceptions around impartiality.

"My most immediate concern is for the collective reputation of the entire organisation."

Helen Clark said the Government had not considered the Police Complaints Authority was "well placed" to conduct an inquiry. That was because it had already looked into aspects of the 1993 investigations done by Mr Dewar.

"The Police Complaints Authority may do its own inquiry but in the Government's judgment, on its own that will not satisfy public concern."

Helen Clark said it would take at least a "couple of weeks" to draft the terms of reference and to identify someone to head the inquiry.

Asked if the inquiry would also include the actions of Mr Robinson, whom the Herald revealed promoted Mr Rickards four times, she said she did not want to get into writing the terms of reference at a media conference.

"But what I would anticipate is that a commission may need to look at what happened in the absence of a code of practice."

She said that at the time there was no clear code by which the behaviour of police officers either on or off the job could be judged.

Both the Prime Minister and Police Minister George Hawkins expressed confidence in Mr Robinson.

In 2000, when Mr Rickards was going for the deputy commissioner's job, Mr Robinson told Helen Clark that "sexual misconduct" allegations had been made against Mr Rickards but that he had been cleared.

The Prime Minister elected to go for the other candidate for the job, Steve Long, and has said the allegations were a factor in Mr Rickards not getting the post.

Yesterday, she defended her lack of action in delving further into the misconduct she was told about in 2000. She had not been curious to know what the misconduct was, and did not ask.

Asked if the commission would be wide enough to consider the involvement of politicians, Helen Clark said there had been no political role.

"I am very clear about the only connection I have had with this at all, and the record shows that the elevation of Mr Rickards stopped with me."

Mr Robinson conceded his promotion of Mr Rickards might form part of the commission's inquiries.

Asked if any other serving police were likely to be interviewed as part of the police investigation, he said: "There may well be, I don't know. At the moment there is certainly a mix of serving members and former members that have been raised as part of this."