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Home / New Zealand

Nicholas 'stoked' as ex-cop's appeal lost

Phil Taylor
By Phil Taylor
Senior Writer·NZ Herald·
5 Sep, 2008 04:00 PM4 mins to read

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KEY POINTS:

Louise Nicholas last night welcomed news that former Rotorua CIB boss John Dewar had lost his appeal against his conviction and sentence for his handling of historic sex allegations she made against police officers.

In dismissing Dewar's appeal, the Appeal Court found Dewar's behaviour "struck at the very heart of the administration of justice".

"I'm stoked it's been quashed," Mrs Nicholas told the Weekend Herald. "It's something else we don't have to worry about now. Mind you, I had a lot of faith in [crown prosecutor] Brent Stanaway and the police officers still involved that they would put a really good case across to the Appeal Court but it is a huge relief.

"When [Detective Inspector] Steven Vaughan rang with the news, I asked him, 'Is there any more?' and he said, 'No, there is no more.'

"I just hope he [Dewar] settles down, finishes his sentence and when he comes out, all well and good."

Mrs Nicholas said her father, Jim, who had not been in good spirits since the death of his wife, Louise's mother Barbara, four months ago, was also buoyed by the news. "He sounded the brightest he has since mum passed away."

The Appeal Court judgment enables Detective Superintendent Rod Drew to now go forward with investigating complaints Dewar has made to police alleging that Mrs Nicholas perjured herself in evidence at his trial.

Dewar had made "a range of complaints relating to statements made by Mrs Nicholas and evidence given by her", Mr Drew said.

"We have been waiting for the outcome of the appeal because it impacts on this investigation and that enables us to now go forward on the matter."

Mrs Nicholas said she was not worried about the perjury allegations. "No, not at all ... He likes to make a big deal out of things.

"Look, he's been found guilty on four charges. He's been sentenced to 4 1/2 years in jail. He's had his appeal rejected. He needs to get over himself."

Dewar was sentenced last October on four charges of attempting to obstruct or defeat the course of justice, after being found guilty in August by a jury in the High Court at Hamilton.

Trial judge Justice Rodney Hansen said that Dewar had a "remarkable capacity for self-delusion and avoidance which may have explained his conduct".

Dewar, 55, now a self-employed father of four of Hamilton, was chief inspector of the Rotorua CIB when Mrs Nicholas approached police in 1993 with two historic sex allegations, including those against former assistant commissioner Clint Rickards and former policemen Brad Shipton and Bob Schollum.

The three men were later found not guilty on those charges - although Shipton and Schollum were already serving jail terms for another rape.

The Crown said Dewar suppressed allegations Mrs Nicholas made against the three men and attempted to prevent the course of justice during the trial of another former policeman, who has permanent name suppression, by giving inadmissible evidence.

Dewar based his appeal principally on the grounds that a direction the trial judge gave to the jury prejudiced his chance of a fair trial and that the sentence imposed was "manifestly excessive".

Appeal Court judges Hammond, Ellen France and David Baragwanath rejected defence counsel Bill Nabney's suggestion that in his summing-up Justice Hansen characterised ambiguous conduct as potential lies.

"There was no blurring of the kind suggested by Mr Nabney and the directions given were entirely appropriate," they said in their ruling.

They also rejected the suggestion that failure of the prosecutor to cross-examine Dewar when he gave evidence on the testimony of three prosecution witnesses created an unfairness amounting to a miscarriage of justice.

As for Dewar's concurrent sentence of 4 1/2 years, the judges found that the sentencing judge was "well inside an appropriate range".

"And, of the greatest moment, this offending struck at the very heart of the administration of justice."

Dewar becomes eligible for parole in April.

- NZPA

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