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Home / New Zealand

Dewar wrecked trials, says judge

By Simon O'Rourke
30 Jul, 2007 05:00 PM3 mins to read

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KEY POINTS:

In a "measured and intentional way", Rotorua CIB chief John Dewar gave evidence to a courtroom that led to the 1993 mistrial of a former Murupara policeman charged with sexually assaulting a 13-year-old girl.

Again in 1994, at a second trial, Dewar delivered "without hesitation" inadmissible courtroom evidence
that led to another aborted trial against the same man.

That is according to testimony from District Court Judge Les Atkins, who in 1993 was a defence lawyer. He entered the witness stand in the High Court at Hamilton yesterday.

Dewar, now retired, is on trial for deliberately suppressing or failing to act on sexual complaints against police officers Bob Schollum, Clint Rickards and Brad Shipton.

He faces another charge of manipulating the key witness during a police investigation into his evidence at the two Murupara trials.

But two further charges - of giving inadmissible, hearsay evidence at two trials for the Murupara offences - were the focus of yesterday's court proceedings. Complainant Louise Crawford, now Louise Nicholas, was at the time making other damning allegations against Schollum, Rickards and Shipton.

In 1993 and 1994 Mr Atkins was the defence lawyer for the former Murupara policeman.

During questioning yesterday, Judge Atkins said Dewar had taken the stand in 1993 and given hearsay evidence of another policeman. The Murupara trial was told by Dewar that the policeman was willing to tell lies on the accused's behalf.

This "planted a seed of conspiracy" among the accused and his friends that they were willing to lie, and a retrial was ordered.

Judge Atkins said it appeared to him that Dewar was untroubled by what had occurred.

At the second trial in 1994, Dewar took the stand and told the court about statements given to him by Rickards, Schollum and Shipton, all of whom had indicated they had had sex with Louise Nicholas.

Again, this was inadmissible hearsay evidence and a mistrial was declared. Dewar appeared amused by the proceedings, Judge Atkins said. Later yesterday afternoon, Judge Atkins' wife Lynne gave evidence. She was in the public gallery during the 1994 trial, and overheard a conversation between Dewar and Louise Nicholas' family.

This was during an adjournment, after Dewar's comments in the witness stand. Dewar had stated words to the effect "it was a gamble and mischief making", "at least the jury will know these things now", and "it won't go for a third trial".

Crown prosecutor Brent Stanaway asked Mrs Atkins if she could recall his demeanour. "I thought he looked quite excited and pleased with himself."

A third trial was ordered. The accused was subsequently acquitted and has permanent name suppression.

Yesterday defence lawyer Paul Mabey also cross-examined former police inspector Ray Sutton. Mr Sutton was the first man to take notes about complaints against Schollum, Rickards and Shipton.

Mr Mabey asked Mr Sutton why he never questioned Dewar about the ongoing investigation into their colleagues.

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