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Home / New Zealand

Judge blasts police for prosecuting one of their own senior officers

By Rob Kidd
Otago Daily Times·
18 Aug, 2020 06:29 PM6 mins to read

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The judge said he wondered whether the prosecution would have continued if the accused was not a police officer. Photo / Michael Craig
The judge said he wondered whether the prosecution would have continued if the accused was not a police officer. Photo / Michael Craig

The judge said he wondered whether the prosecution would have continued if the accused was not a police officer. Photo / Michael Craig

A judge has launched a scathing attack on Police's decision to prosecute one of their own after the man was acquitted of domestic violence.

Judge Kevin Phillips also found the high-ranking officer not guilty on a charge of possessing a firearm without a licence when he gave his verdicts yesterday following a two-day judge-alone trial at Dunedin District Court.

Read More

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  • Senior police officer on domestic violence and firearm charges - NZ Herald
  • Top cop on trial in Dunedin for alleged assault on partner - NZ Herald

The judge granted permanent name suppression and criticised the decision to bring the case to court.

"I have to say I wonder whether if he was not a police officer there would've been this reaction and this prosecution would've continued," he said.

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"I'm troubled about that."

While Police accepted the judge's decision, they hit back in a response through a spokeswoman.

"Police's role is to uphold the law, and where appropriate to put forward matters to be tested in court, which we have done so in this case."

While the defendant said outside court he was "relieved" with the outcome, he may not emerge unscathed.

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Police confirmed there was an ongoing employment investigation into the incident.

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Early on December 21, the defendant arrived home after a night out drinking with colleagues to find his partner intoxicated.

Her alcoholism, he told the court, had become a long-standing problem in their relationship.

What happened next was the subject of much scrutiny at trial.

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The complainant said her partner launched into an aggressive verbal tirade, moved furniture aside and challenged her to a fight.

At trial she recalled slapping the man, then claimed to have blacked out.

Her next memory was of speaking to a police officer in the kitchen of her home.

The swelling to her eye and lip was caused by her partner punching her, the complainant said.

However, she repeatedly told people in the days following that no such assault had occurred.

"Her evidence can only be described as unreliable," Judge Phillips said.

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Her allegation her partner was the aggressor was contradicted by video taken by the defendant showing the woman ranting and making wild sexual allegations, the judge said.

The senior police officer at the centre of the case gave a contrasting version of events.

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When the argument became heated, he crouched and covered himself as the woman beat him over the head with her fists, he said.

He told her their relationship was over and that they would share custody of their children, he told the court.

The man said he believed it was simply police being "over cautious" dealing with one of their own when they took him to the station.

A .22 rifle locked in a cupboard, which belonged to the defendant's father, was accessible to the defendant, Judge Phillips said, but there was no proof of an intention to exercise control over the firearm.

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The judge congratulated the man on how he had handled the trial.

Support services available:

• 211 Helpline (0800 211 211) – for help finding, and direct transfer to, community-based health and social support services in your area.

• Find your Local Women's Refuge by calling 0800 743 843 (0800 REFUGE) to be linked up with an advocate in your area.

• Victim Support – call 0800 842 846. 24-hour service for all victims of serious crime.

• Victim Information Line/Victim Centre – call 0800 650 654 or email victimscentre@justice.govt.nz.

• Shine domestic abuse services – free call 0508 744 633 (9am to 11pm) if you're experiencing domestic abuse, or want to know how to help someone else.

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• Family violence information line – call 0800 456 450 to find out about local services or how to help someone near you.

• Elder Abuse Helpline – call 0800 32 668 65 (0800 EA NOT OK) - a 24-hour service answered by registered nurses who can connect to local elder abuse specialist providers.

• Tu Wahine Trust – call 09 838 8700 for kaupapa Māori counselling, therapy and support for survivors of sexual harm (mahi tukino) and violence within whānau.

• Shakti New Zealand – call 0800 742 584 for culturally competent support services for women, children and families of Asian, African and Middle Eastern origin who have experienced domestic violence.

• Safe to Talk – sexual harm helpline. Call 0800 044 334, text 4334 or email support@safetotalk.nz.

• Rape Crisis Centres – call 0800 88 3300 for contact details of your local centre. Provides support for survivors of sexual abuse, their families, friends and whānau.

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• Male Survivors Aotearoa New Zealand – call 0800 044 344. Offers one-to-one, peer and support groups for male survivors of sexual abuse and their significant others.

• Tu Wahine Trust – call 09 838 8700 for kaupapa Māori counselling, therapy and support for survivors of sexual harm (mahi tukino) and violence within whānau.

• ACC Sensitive Claims Unit – call 0800 735 566 for access to services related to sexual abuse or sexual assault.

• Hey Bro helpline – call 0800 HeyBro (0800 439 276). 24/7 help for men who feel they're going to harm a loved one or whānau member.

• Korowai Tumanoko – text or call 022 474 7044 for a kaupapa Māori service for those with concerning or harmful sexual behaviour.

• Stop – support for concerning or harmful sexual behaviour.

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• Need to Talk? 1737 – free call or text 1737 any time for support from a trained counsellor.

• Youthline – call 0800 376 633, free text 234 or email talk@youthline.co.nz.

• Kidsline – call 0800 54 37 54 (0800 kidsline) for young people up to 18 years of age (24-hour service).

• Skylight– call 0800 299 100 helping children, young people and their families and whānau through tough times of change, loss, trauma and grief.

• Oranga Tamariki – call 0508 325 459 (0508 FAMILY) or email contact@ot.govt.nz for concerns about children and young people.

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