KEY POINTS:
The English players at the centre of sexual assault claims returned home yesterday but their absence has no bearing on the investigation, a law academic has said.
University of Auckland associate professor in law Scott Optican said if the players had made themselves available for questioning, then having them in New Zealand would have helped the investigation.
But because the players used their legal right to remain silent last week and declined to be interviewed by police, he said it made no difference to the investigation whether they were in New Zealand or England.
"Nobody must cooperate with police and they have a perfect right not to do so, just like they would have a perfect right not to give DNA samples," said Dr Optican.
"There's no power to detain for questioning in New Zealand. There's no power to stop someone leaving the country," he said.
"There's no power really to do anything unless you arrest someone to keep them from leaving and deprive them of their liberty."
Dr Optican said what could happen next was all speculation unless police laid charges.
"If they lay charges they can bring a process which reaches over to England, either to secure [the players'] voluntary return to New Zealand to face charges, or if not, face extradition," Dr Optican said.
The case could remain open indefinitely, he said.
"It's not a question of time, it's really a question of evidence.
"At some point, if the police don't have a complainant willing to go forward and they don't have third party witnesses, and they don't have forensic evidence or they don't have reasonable grounds to believe that a crime has been committed and make a prima facie case, then they can drop it," Dr Optican said.
The UK Guardian newspaper quoted England's RFU chief executive Francis Baron saying leaving the situation in "limbo" was unfair on the players.
"We have to give these young lads every opportunity to clear their names," Mr Baron said.
"I know the boys are very upset and frustrated. They don't know what the charges are, and they don't know how they can get to a situation where their names can be cleared.
"In the absence of a complaint there appears to be no immediate end to this process," Mr Baron said.
Auckland police spokeswoman Noreen Hegarty said no formal complaint had been made in the case and the situation was the same as it was on Friday.
- NZHERALD STAFF
