KEY POINTS:
A sex abuse counsellor told the Hamilton High Court yesterday she was surprised a police officer in charge of a sex abuse case contributed to a session she had with rape complainant Louise Nicholas.
That officer was retired Rotorua CIB chief John Dewar. He faces four charges of
attempting to obstruct or defeat the course of justice between 1993 and 1995.
Dewar was chief inspector when Mrs Nicholas approached police in 1993 with two historical sex allegations, including one against suspended Assistant Police Commissioner Clint Rickards and former policemen Brad Shipton and Bob Schollum.
Crown prosecutor Brent Stanaway, QC, yesterday called counsellor Margaret Craig.
Ms Craig had about 20 sessions over 18 months, many around the time of three trials in which it was alleged Mrs Nicholas was raped by a police officer, who has permanent name suppression.
The first two trials were aborted when inadmissible evidence was given by Dewar, and at the third trial the policeman was acquitted. Ms Craig said Dewar had dropped Mrs Nicholas off at about six appointments.
But on November 10, 1993, Dewar sat in on a 90-minute session, something, said Ms Craig, had never happened before, or since, in her career.
Mrs Nicholas had spoken about how she had been abused at the age of 13, but Dewar had also spoken.
"My lasting impression of that meeting was my surprise when Mr Dewar talked about consensual sex that Louise had with a number of police officers. It surprised me that he was using that term."
Asked for her observations of the relationship between Dewar and Mrs Nicholas, Ms Craig said Mrs Nicholas looked uncomfortable and embarrassed, and that she was paying attention to Dewar.
Later, Ms Craig phoned Dewar to express her concern about his relationship with Mrs Nicholas. She was aware the pair lunched together and said the closeness between them created risks.
"I believe I would have mentioned the fact he was investigating his colleagues and that was concerning me, given his involvement with Louise."
She felt the involvement was "excessive" and she was concerned about Mrs Nicholas' vulnerability.
Whangarei district court judge David McDonald took the stand, the second judge in as many days to do so.
Judge McDonald was the crown prosecutor during the aborted trials of 1993 and 1994. His account of what led to the aborted trials was similar to that given by judge Les Atkins on Monday.
Judge McDonald said he had no knowledge Dewar would make hearsay comments that led to the first case being abandoned. Judge McDonald said he was unhappy about the trial coming to a stop. In explanation Dewar said "he wanted to get the game back on a level playing field".
Before the second trial Dewar had taken a further statement from Mrs Nicholas about sex allegations to do with police officers described as "the Murupara four". All four men have name suppression.
Judge McDonald said he was aware of this, and further allegations were being made about a police officer who had taken Mrs Nicholas to a house in Rotorua.
However, Judge McDonald had never seen the formal statement thought to have been taken by Dewar.
"He [Dewar] said she had consented to sexual activity."
Crown prosecutor Mark Zarifeh: "He told you that but you never saw anything in writing?"
"Yes," replied Judge McDonald.
After the second trial was aborted, Judge McDonald said he was angered by Dewar's suggestion that the crown prosecutor knew what was going to be said.
Judge McDonald demanded a written explanation, which he had never done before. In it Dewar admitted the lawyer had no prior knowledge.
The case
* Former Rotorua CIB chief John Dewar faces four charges of attempting to obstruct or defeat the course of justice between 1993 and 1995.
* Louise Nicholas had alleged she was the victim of rape at the hands of a policeman, who has permanent name suppression.
* The policeman's first two trials were aborted after Dewar gave inadmissible evidence, and at the third trial he was acquitted.