PM urges people to speak up in police inquiry

By AUDREY YOUNG, political editor

Prime Minister Helen Clark is urging anyone else with a complaint against the police involving sexual misconduct to come forward quickly if they want it considered by the approaching commission of inquiry.

"People should come forward as quickly as possible so the commission can get on with its work," she said yesterday after announcing the two presiding commissioners.

The Government selected Justice Bruce Robertson of the High Court at Auckland and no-nonsense former public servant Dame Margaret Bazley to run the commission of inquiry investigating allegations of historic rape and cover-ups by police.

The commissioners will be able to extend their inquiries beyond the cases already in the public domain, Helen Clark said.

"There may well be more and they must be able to inquire into like incidents because we are endeavouring to see whether there is a systemic problem here."

The commission was ordered after claims by Louise Nicholas that police staff in Rotorua subjected her to sexual assaults between 1980 and 1986 and that a police investigation was mishandled.

Assistant Commissioner Clint Rickards is one of three officers accused of pack rape in 1986 and has been stood down from his Auckland City district command post.

Waikato district police commander Kelvin Powell is alleged to be implicated in complaints of indecencies Mrs Nicholas says occurred between 1980 and 1983 in Murupara when she was aged 13 to 15.

Further allegations have been made, including one by Judith Garrett, who took an unsuccessful private prosecution alleging she was raped in 1988 by a constable at the Kaitaia police station.

And last week, former Rotorua CIB chief John Dewar, who investigated Mrs Nicholas' complaint, was accused by a woman of having taken part in group sex with one of the former officers named in the Nicholas complaint, Brad Shipton.

The police have begun their own investigations into the complaints separate from the commission. The terms of reference are expected to be finalised within days.

The commission of inquiry has been given nine months to hold its hearings and report back.

"Better to do it properly than a rush job which leaves the public unsatisfied," Helen Clark said.

"I imagine they will go about it with all due speed because the police don't want allegations hanging around longer than necessary."

She defended the length of time for the report, saying it was best done properly to ensure the public could have confidence in the police.

"The public must be assured that the police will thoroughly investigate any allegations of criminal behaviour by their own personnel.

"If the allegations that have been made indicate that there are systemic problems, they will be identified and dealt with."

The commissioners will be able to set their own rules but the Prime Minister expected that evidence would be heard in public as it had been with other commissions.

The experience of Justice Robertson, who chairs the Law Commission, meant that "the line between the commission of inquiry and criminal investigation by the police isn't overstepped", the PM said.

The commissioners will be able to trawl through police records but under the law they will not be able to review the record of the Police Complaints Authority.

The Government will also put on hold legislation proposing the renaming of the Police Complaints Authority - possibly to add further amendments should the commission of inquiry deem it necessary.

Heading the commission of inquiry

JUSTICE BRUCE ROBERTSON

* Turned 60 on Sunday.

* President of the Law Commission.

* High Court Judge since 1987.

* Presided over the second trial of David Dougherty which cleared him of the rape of an 11-year-old girl for which he had been wrongly convicted.

* Ruled that the public had a right to know TVNZ paid $5.6 million compensation to its former newsreader John Hawkesby, as well as ruling that newspapers had the right to publish the name of the policeman who shot Steven Wallace dead in Waitara.

* Lives in Remuera, Auckland

DAME MARGARET BAZLEY

* Aged 66.

* Long public service career, including stints as social development ministry chief executive and transport secretary.

* Has held the positions of acting chief executive, Department of Work and Income; chairwoman, NZ Fire Service Commission; chief executive, Ministry of Social Policy; Director-General, Social Welfare; Secretary for Transport; deputy chairwoman, State Services Commission.

* Lives in Wellington.

Police inquiries

Police under investigation stemming from Louise Nicholas' original pack-rape allegations.

1. Government-ordered commission of inquiry

To be conducted by Justice Bruce Robertson and Dame Margaret Bazley. They have until the end of November to complete their inquiries.

2. Police criminal inquiry

Police say this is solely looking for any criminal liability. It is no different to any other criminal inquiry into historic rape allegations. It is being overseen by Deputy Commissioner Steve Long with one of the country's top detectives, Superintendent Nick Perry.

Officers from outside the Rotorua district have already interviewed 30 people.

3. Police Complaints Authority

This independent body has "civilian oversight" of the police investigation. They can make suggestions if they think it is necessary. Authority Judge Ian Borrin says although it is unusual for them to be so closely involved with an active criminal inquiry, Mrs Nicholas' allegations have "a high profile, historic nature and very serious content".