Former Deputy Police Commissioner Jevon McSkimming. Photo / Mark Mitchell
Former Deputy Police Commissioner Jevon McSkimming. Photo / Mark Mitchell
The woman who brought forward allegations against Jevon McSkimming but was in turn prosecuted could receive a payout, two legal experts say.
Richard Chambers, the current Police Commissioner, gave a scathing assessment of his predecessor’s handling of allegations against Jevon McSkimming and the decision to keep sex complaints against himsecret.
“It’s an absolute disgrace. It’s lacking in leadership, it’s lacking integrity. You know, so he’s going to need to answer to that,” Chambers said to Mike Hosking on Newstalk ZB.
McSkimming was the Deputy Police Commissioner until an investigation found objectionable material on his work devices earlier this year.
She was arrested and charged under the Harmful Digital Communications Act, silenced by wide-ranging suppression orders and placed under restrictive bail conditions.
Retired University of Auckland law professor Hodge, whose background is employment, said if he were advising her, he would encourage seeking compensation.
“I’d say, ‘Hey, you were an employee’, even though she was casual, she might have an avenue or a lens through which compensation or even a gratis, simply a lump sum being given without her raising a grievance.”
He said an avenue for the woman to claim compensation might be for her - as an ex-Police employee, to claim compensation pursuant to breaches of safety in the workplace, or police could make a gratis payment, without admitting legal liability for the charge against her under the Harmful Digital Communications Act.
Hodge added there was a pathway for police employees to raise grievances “and that’s a means of getting compensation through employment legislation”.
Former Police Commissioner Andrew Coster. Photo / Mark Mitchell
“I imagine she would have civil remedy for damages based on the findings of the IPCA and misfeasance in public office,” Gotlieb said.
With regard to former Police Commissioner Andrew Coster, Gotlieb said he likely felt loyal to McSkimming, but did not do anything illegal in his action.
“I suspect his failings are obvious in hindsight particularly after the Independent Police Conduct Authority (IPCA) shows he dropped the ball,” retired barrister Gotlieb said.
“I don’t expect he would face any charges as he didn’t interfere with evidence, discourage witnesses, and didn’t use his position to block the investigation, he delegated this to others - maybe not the correct people in retrospect.”
Hodge told the Herald there wasn’t a crime committed, but there were institutional failings and an investigator from an organisation like the Fixated Threat Assessment Centre should have been appointed early on.
“That was the failure that Coster failed to trigger because he had a preconception that McSkimming was a victim,” Hodge said, “and I think that’s the prevailing theme that I see.
“Now that’s not a crime, but that’s just an institutional failing from the top.”
