Ex-police officer faces rape trial

A former Northland police officer has been committed for trial accused of handcuffing a woman and raping her in the Kaitaia police station.

Timothy Nicholas Ogle, 45, was a constable when the alleged incident happened in March 1988.

At a depositions hearing in the Auckland District Court yesterday, Judge Fred McElrea lifted name suppression on Ogle, who is now an investigator in Queensland.

Ogle was granted bail and the case was sent to the High Court at Auckland for trial.

The court heard the alleged victim, now 61, agreed to give Ogle a lift home from the Awanui Hotel.

In a written statement handed to the court, the woman said that on the way Ogle put his hand under her leg, but she brushed him off and didn't feel threatened.

Her main concern was that he smelled of vomit and she was worried he was going to be sick in her car.

The woman said that Ogle said he wanted to stop off at the station to pick up his running gear.

He went away but returned a few minutes later.

"The defendant told me one of the car lights was faulty, and that I could not drive home like that," the woman said.

She said she got out to check.

"The next thing I felt was a bang on my right wrist. I looked and saw that I had a handcuff around it."

She said Ogle then handcuffed her other hand as well.

The woman said Ogle agreed to remove the cuffs but said the keys were in the office.

"In the office he kissed me with an open mouth. He smelled of alcohol and vomit.

"I didn't fight him because I was quite intimidated by him and because I was handcuffed."

She said she protested that she wanted to go home but Ogle told her she could go once he "screwed" her.

He then allegedly raped her and committed other indecencies.

She hit him with her handcuffed hands, though she said she thought it would only make him mad.

The woman said she tried to leave evidence of what happened.

"While the defendant was putting on his trousers, I pulled out a few strands of my hair and put them on the carpet."

She also put her fingerprints under the edge of a desk in an effort to leave evidence.

Ogle threatened to "do" her if she told anyone. "I can get you in all sorts of ways," he allegedly said.

She reported the incident to the police and was visited later by Sergeant Colin Yates.

"I told him what happened and about the fingerprints.

"He didn't take any statement or make any notes and I didn't sign anything," she said.

Ogle was charged last year. He told police: "I am totally innocent."

The woman's partner at the time said in a statement: "I recall [the complainant] saying 'if you can't be safe with a policeman, who can you be safe with'. "

The former partner, who worked at the hotel, told the judge: "She asked me if I thought it was okay [to give Ogle a lift] and I didn't think it would be much of a problem."

He told Ogle's lawyer, Gary Gotlieb, that when he saw her later in Ahipara she said: "It was a great mate you sent me home with", or words to that effect.

He told Mr Gotlieb the woman was distressed and crying and she said she had been raped.

Former Detective Inspector Brian McFadden told the court that he took a statement from Ogle in July 1988.

He agreed it was his understanding that a decision was taken not to lay charges at the time, though Ogle faced a police disciplinary hearing and subsequently left the police.

Mr McFadden said he gave evidence at a civil trial into the matter in 1994.

Cross-examined by Mr Gotlieb, he said he made a note that the woman's lawyer said they were satisfied with the thoroughness of the inquiry and they "would not make a public fuss".

Mr McFadden said disciplinary action was taken against an officer over the handling of the investigation.

The charges

* Former Constable Timothy Nicholas Ogle faces four charges of rape, one charge of unlawful sexual connection, two charges of attempted unlawful sexual connection and one of assaulting a woman inside Kaitaia police station.