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Assistant police commissioner Clint Rickards and former police officers Bob Schollum and Brad Shipton cannot be re-tried on sex charges despite a jury last night finding that their former colleague John Dewar was guilty of obstructing the course of justice.
Dewar was the chief of Rotorua CIB when
Louise Nicholas made serious sex allegations against police officers in the 1990s and has been convicted of mishandling those complaints.
But Crown Law spokeswoman Jan Fulstow said this morning that there is no possibility of again bringing the case against Rickards, Shipton and Schollum.
"The facts have been put in front of a jury," she said.
The Criminal Bar Association of New Zealand president Graeme Newell also said there was no possibility of a re-trial.
"They've been acquitted and their acquittal is final," Mr Newell said.
He said Dewar had prevented the trial taking place earlier and that may have prejudiced Mrs Nicholas' chances of having a fair trial.
But although the allegations were historical by the time the case came to court, the case had been tried, he said.
"She's had her trial and given evidence," Mr Newell said.
Dewar now faces a lengthy prison term.
A packed courtroom gallery was at the Hamilton High Court to hear the verdict, which was greeted with a howl of anguish from Dewar's wife Louise.
Dewar, 55, a self-employed father of four, had denied four charges of attempting to obstruct or defeat the course of justice in his handling of historic sex allegations made by Louise Nicholas against police officers in the early 1990s.
The jury deliberated for more than 9 1/2 hours in reaching its decision, following 12 days of court sittings.
Before the verdict was read Justice Rodney Hansen asked for calm. "It is likely to generate strong feelings among some of you. I simply ask that you show a degree of restraint appropriate to the occasion, at least until the formal business of the court has been completed."
Each charge carries a maximum sentence of seven years' imprisonment. Justice Hansen remanded Dewar on bail before his sentencing on September 26.
Dewar accepted his fate calmly and walked from the dock, quickly glancing toward his family and friends.
The judge thanked the jury for what had been an "arduous" task involving the absorption of a lot of information in the full glare of publicity.
Outside court, Mrs Nicholas read from a prepared statement, her hands trembling and voice quivering.
"My family and I have been through a great deal over the past few years, but more so in the last couple of weeks. But because of the love and support of my family and friends and a lot of New Zealanders, today's outcome has brought some relief.
"I would like to thank Operation Austin. These are decent police officers who have toiled, away from their families, for more than three years. They have done their duty and they have restored the faith and trust that I had lost a long time ago in New Zealand police.
"To the public of New Zealand, it has been your unbelievable support that has kept me and my family able to keep going when there were times I felt like giving up. To my husband Ross, my daughters and my newborn son, you have been the rock that any family needs.
"With the right will there can be changes to the way we treat the victims of sexual offenders so that others don't face the same fate that I and others have faced. Thank you New Zealand."
Mrs Nicholas told the Herald that she did not know if the end of the trial had brought closure for her. "I don't know, I will speak about that tomorrow, it's still sinking in."
Her husband Ross said there was a bottle of champagne on ice, and a friend added that "there are a few bottles on ice and they've been on ice a very long time."
While waiting on the verdict yesterday, a contingent of about 20 of Dewar's supporters chatted among themselves in the court foyer, while the Louise Nicholas camp remained outdoors and liaised with members of the Operation Austin team.
A friend of Dewar's said his family and friends had remained upbeat throughout the trial.
He was convinced the woman who gave evidence during the trial that Dewar was involved with group sex was incorrect in identifying his friend.
But he said the revelation - which alleged Shipton was also involved - would have been another blow for the parents of Shipton, who had attended the trial on the day the woman's evidence was given.
Among those waiting yesterday was the woman, who has permanent name suppression. Beside claiming to be in a group-sex liaison with Dewar and Shipton, she told the jury she had sex with Dewar on another occasion, in late 1987 or early 1988.
Dewar's friend said he had been a Senior Sergeant in Rotorua throughout the 1980s, and the city police station had been a great place to work, with close camaraderie. The detectives and uniform staff had worked hard and played hard.
Earlier Justice Hansen told the jury 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."
A police spokeswoman said last night that police would not be commenting because there was still sentencing and possible appeal periods to come.
National Party police spokesman Chester Borrows said he did not normally comment on verdicts but was pleased for Mrs Nicholas.
"I'm pleased for the complainant, that she will take some confidence out of the judicial system in respect of the verdict. It just underlies the responsibility on all police managers to take seriously complaints that are made to them in respect of any offences and that protocols and processes are there to be followed."
Auckland Rape Crisis director Dr Kim McGregor described the guilty verdicts as great news for Mrs Nicholas and other rape survivors: "It has the potential to restore their faith in the justice system."
She said Mrs Nicholas had been "so brave" in her pursuit for justice.
"She has been so brave and has been a leading light for a number of rape survivors. She has been so courageous in putting her rape complaint forward."
- additional reporting NZPA
