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Home / New Zealand

Jailed cop Jamie Foster phoned Commissioner of Police after sexually violating colleague

By Sam Hurley & Chelsea Boyle
NZ Herald·
25 Mar, 2021 02:50 AM4 mins to read

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Auckland police officer Jamie Foster phoned the country's then top cop shortly after being accused of raping a workmate at a Northland motel in 2019. Photo / File

Auckland police officer Jamie Foster phoned the country's then top cop shortly after being accused of raping a workmate at a Northland motel in 2019. Photo / File

A constable jailed for six years for sexually violating his colleague phoned the Commissioner of Police shortly after committing the crime.

Jamie Foster was found guilty in March last year of indecently assaulting and sexually violating his female workmate at a Kerikeri motel during the early hours of February 5, 2019.

The 30-year-old was part of a group deployed to help police the 2019 Waitangi Day events at the Treaty Grounds. CCTV footage from the night of the rape, which was played during Foster's jury trial, also revealed drunken lewd behaviour by several other police officers staying at the motel.

After violating his colleague, Foster called then Commissioner Mike Bush, the Herald can today report for the first time.

The Herald has sought, under the Official Information Act, any statements made to police by Bush about the call, the details and nature of what was discussed, any other messages between the pair, and what, if any, personal relationship there was between Foster and Bush.

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Police are yet to release any information about the phone call.

The Court of Appeal heard the convicted cop phoned the then Police Commissioner, Mike Bush. Photo / Mark Mitchell
The Court of Appeal heard the convicted cop phoned the then Police Commissioner, Mike Bush. Photo / Mark Mitchell

The call was not presented as evidence to the jury during Foster's trial, but was mentioned during the challenge of his convictions at the Court of Appeal in November last year.

Today, the Court of Appeal released its decision and dismissed Foster's appeal.

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Police did not comment this afternoon when asked further questions by the Herald about the appeal result and Foster's phone call to Bush.

Throughout the trial last year, Foster and his lawyer Paul Borich QC claimed any sexual contact with the victim was consensual and a "pre-arranged hook-up".

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The cop was sentenced by Judge Evangelos Thomas to six years' imprisonment in April last year.

CCTV footage showed Foster walking across the motel courtyard and slowly opening the ranch slider door of the room where his victim, who was groped earlier in the night, was sleeping.

"You raped her as she slept," Judge Thomas told Foster.

At his sentencing hearing, the court also heard there were 95 letters of support for Foster.

Dozens of Foster's supporters dressed in white also watched from the public gallery during his appeal and displayed badges which read: "Justice for Jamie".

During the trial, Northland's Detective Inspector Rhys Johnston told the court there were employment investigations into some of the other officers and their behaviour at the motel.

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CCTV footage showed a senior sergeant exposing himself and a drinking game using a hollowed-out police baton.

After the trial, Superintendent Naila Hassan said four officers were disciplined for behaving in a way which breached the police code of conduct.

"Three of them were dealt with within our disciplinary process and remain on active duty," she said.

One officer is "no longer working for the New Zealand Police".

Jamie Foster outside the Auckland District Court with his lawyer Paul Borich QC. Photo / File
Jamie Foster outside the Auckland District Court with his lawyer Paul Borich QC. Photo / File

However, further questions to police by the Herald over what punishment was handed down to those officers and if the unit's semi-dressed senior sergeant was the cop no longer employed have been met with a reply of no comment.

A police spokeswoman has said details about the internal employment issues of other officers could not be discussed due to privacy obligations.

All of the other officers at the motel that night - some of whom told the jury they feared the employment investigation and felt pressure from senior officers - continue to have their names suppressed to protect the identity of Foster's victim.

She told the court at Foster's sentencing: "I am forever labelled as the policewoman who was raped by the policeman."

Where to get help:

• If it's an emergency and you feel that you or someone else is at risk, call 111.
• If you've ever experienced sexual assault or abuse and need to talk to someone call the confidential crisis helpline Safe to Talk on: 0800 044 334 or text 4334.
• Alternatively contact your local police station
• If you have been abused, remember it's not your fault.

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