KEY POINTS:
The jury in the trial of former top Rotorua cop John Dewar over his handling of historic sex allegations has retired to consider its verdicts.
The 11-person jury will consider whether the former head of Rotorua CIB suppressed, or failed to act on, rape allegations made by Louise
Nicholas in the early 1990s.
Dewar, 55, self-employed father of four of Hamilton, has denied in the High Court at Hamilton four charges of attempting to obstruct or defeat the course of justice.
His lawyer Paul Mabey, QC, yesterday contended that many of the issues put by the Crown during the past few weeks had been "on the fringes of what's important".
The prosecution alleged that when he was chief inspector of Rotorua CIB in 1993, Dewar covered up sex allegations Louise Nicholas made against police officers Clint Rickards, Brad Shipton and Bob Schollum.
It also alleged he deliberately gave inadmissible evidence at the trial of a former policeman accused of having unlawful sex and indecently assaulting Louise Nicholas when she was aged 13 leading to two mistrials before a third trial acquittal.
Justice Rodney Hansen told the jury today the case was not about what Mr Rickards, Shipton and Schollum did or might have done.
"It is not about whether Louise Nicholas was sexually abused or violated by them or anyone else.
"It is about what John Dewar did after he took over the investigation."
If convicted Dewar faces up to seven years in prison on each charge.
Yesterday, Crown prosecutor Brent Stanaway said Dewar had "deliberately and at times arrogantly" suppressed rape allegations against three former police colleagues for 2 1/2 years.
But Paul Mabey, QC, told the jury that Dewar had never met a woman who testified that she had participated in group sex with Dewar and Brad Shipton in 1987.
Therefore the notion that Shipton "had something over" Dewar was not plausible and had to be discounted as a motive for any alleged cover-up.
"I've got no idea where that comes from and it's speculative. Juries don't speculate."
The woman who gave the evidence had so many sexual encounters with different policemen she became confused about who she was identifying, Mr Mabey said.
When Dewar arrived at the Rotorua CIB in December 1987, Shipton had already transferred to Tauranga, about seven months previously.
But during his summing-up, Mr Stanaway told the jury this did not mean the incident never took place, and that Dewar and Shipton were good mates. It was only an hour's drive between Rotorua and Tauranga, and Shipton offered Dewar as a gift to a woman "in order to get the boss on-side".
It is alleged that Dewar covered up rape allegations made by Mrs Nicholas against Brad Shipton, Bob Schollum and Clint Rickards.
Mr Stanaway questioned why Dewar had not disqualified himself from what should have been a formal inquiry when it became apparent there would be a conflict of interest if he investigated the three accused policemen. "Because Shipton had something over him," Mr Stanaway said to the jury.
Both defence and prosecution focused on Dewar's dealings with reporters from the Herald and TV3 after Mrs Nicholas' allegations hit the headlines in early 2004.
Mr Stanaway said Dewar provided several documents to the reporters in an attempted "snow job" on the media.
The documents related to a separate rape inquiry Dewar conducted in the early 1990s, dubbed the Murupara Four investigation (all officers in that inquiry were cleared because of a lack of evidence).
In summary the accused had used a combination of "lies, half truths, and flim-flam", when dealing with the media Mr Stanaway said.
However, Mr Mabey said Dewar had simply "got his wires crossed" when providing the out-of-context documents to the media. "He would have to be absolutely stupid if he could believe he could bluff the world through the media, and he's not that. He was confused."
The 1995 Rex Miller inquiry was also a major subject of debate.
Mr Stanaway said Dewar knew his actions would be scrutinised properly for the first time and all he had done in the years before was about to unravel.
Dewar used his "undoubted" manipulative and diversionary skills and obtained a false statement from Mrs Nicholas that ultimately had a profound effect on the Miller inquiry.
During his summing-up Mr Mabey said that "at each turn" Mrs Nicholas refused to talk to Dewar about the Shipton, Schollum and Rickards rape allegation, which involved the use of a police baton.
"She would turn off. Rex Miller struck a similar situation with her."
When questioned on certain things Mrs Nicholas would simply "turn off", as though she had never heard the question.
Mr Stanaway said there were 10 reasons why a conviction on all four criminal counts against Dewar was the logical conclusion.
Among them were the large number of witnesses whose version of events differed from Dewar's, including former colleagues and superiors, as well as Mrs Nicholas and the media.
Also, Dewar's contention that he wanted to protect Mrs Nicholas from a charge of perjury by not taking a statement from her was at best unlikely, he said.
"It is simply unbelievable that the accused would deceive his superiors because he was concerned for Louise Nicholas."
Further, the way Dewar had given answers during cross-examination was "unsatisfactory". "He had a mantra and kept repeating it."
Mr Mabey asked members of the jury to not let the way Dewar answered questions during cross-examination, which was at times tense, colour their deliberations.
"Look at the way he gave his evidence.
"Any one of you in his position would defend yourself to the end as best you could.
"That's what he was doing, sticking up for himself.
"Don't write him off because he stuck up for himself."
Dewar's actions were not those of a man attempting a cover-up, Mr Mabey said.
- NZPA
