A constable jailed for six years for raping his workmate is still employed by police, the Herald can reveal.

Jamie Foster was sentenced this afternoon in the Auckland District Court after being found guilty last month of indecently assaulting and sexually violating his female workmate at a Kerikeri motel during the early hours of February 5 last year.

The 29-year-old was part of a group deployed to help police the 2019 Waitangi Day events at the Treaty Grounds.

But despite his criminal convictions, Foster is still an officer of the New Zealand Police.


Responding to the Herald's questions, a police spokeswoman said Foster remained employed despite now being ordered to serve a six-year prison sentence.

The reason for this, the spokeswoman explained, was the ongoing employment investigation and process.

"It is standard procedure that the employment process will commence once a criminal matter has been heard through the courts," she told the Herald.

Despite still being employed, the Herald understands Foster is not being paid by police.

It is also likely he will be placed in segregation while in prison, as has become routine for jailed police officers, such as the also recently incarcerated corrupt Auckland officer Vili Taukolo.

Foster's lawyer, Paul Borich, QC, told journalists after today's sentencing that his client will appeal his convictions but would not comment further about the case.

The court also heard some 95 letters of support for Foster had been submitted for the sentencing hearing.

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CCTV footage from the night of the rape, which was played during the trial, also revealed lewd behaviour by several other police officers staying at the motel.

It included footage of a senior sergeant exposing himself and a drinking game using a hollowed-out police baton.

Foster was stood down from the police after the allegations emerged, but Borich today warned against using his client as the scapegoat for all the behaviour of other officers at the motel.

Auckland constable Jamie Foster was today jailed for six years. Photo / Sam Hurley
Auckland constable Jamie Foster was today jailed for six years. Photo / Sam Hurley

During the trial, Northland's Detective Inspector Rhys Johnston told the court the employment investigations into some of those other officers have concluded.

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".

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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 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.

Superintendent Naila Hassan said Jamie Foster's crimes were
Superintendent Naila Hassan said Jamie Foster's crimes were "reprehensible". Photo / Jason Oxenham

Despite the no comment, Hassan did commend the "incredible courage and strength" of the policewoman and called Foster's actions "reprehensible".

"Other New Zealand Police staff were shocked and disappointed to hear what occurred as his behaviour does not reflect the 13,000 other police staff who come to work every day to do the best for our communities," she said in a statement today.

"This isolated incident is not a reflection of how we live our values each day.

"The victim's ongoing welfare continues to be our main priority."

Foster's victim told the court today: "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.