Superintendent says full disclosure of evidence was provided to Crown and defence
Police have defended the approach they took during the "difficult" inquiry into the Kahui twins murder but will consider any recommendations from the police watchdog that has criticised aspects of the investigation.
Chris and Cru Kahui died in June 2006 from non-accidental head injuries police said were caused by their
father, Chris Kahui.
He was charged with their murders but was found not guilty in May 2008 after a High Court jury deliberated for just a few minutes.
His legal team, Lorraine Smith and Michele Wilkinson-Smith, complained to the Independent Police Conduct Authority (IPCA) about two pieces of evidence they said weren't disclosed properly or documented.
The report cleared police of deliberately withholding or delaying the release of evidence but criticised their documentation and disclosure.
The Counties Manukau district commander, Superintendent Mike Bush, said yesterday that he accepted the IPCA's comments about the Kahui inquiry.
"The investigation was difficult and the approach adopted by police throughout the investigation was thorough and comprehensive.
"The investigation was peer-reviewed throughout and debriefed by a very senior independent investigator at the conclusion."
Mr Bush said full disclosure of all evidence was provided to the Crown and defence. "But I do acknowledge there was a timing issue with one statement."
The IPCA noted in its letter that the disclosure issue did not ultimately prejudice the defence case, he said.
"I will look at the recommendations made by the IPCA and act appropriately upon them."
The report does not have any recommendations. This was confirmed by Mrs Smith.
Crown Solicitor Simon Moore, SC, who led the prosecution team at the 2008 trial, told the Weekend Herald he had "complete confidence" in the police investigation of the double killing and for the integrity of the police officers involved.
"It is common ground that full disclosure of all material held by the police was made and, like the IPCA, I am completely satisfied that there is no evidence to suggest any delay in disclosure was deliberate."
Mr Moore said that as the coroner had signalled there would be an inquest into the twins' deaths, it would be inappropriate for him to comment further.
The IPCA report revealed that the Crown had said it was shocked by the delay in disclosure. However, police insisted the witness statement in question was given to Crown lawyers in November 2007.
The statement potentially implicated the twins' mother, whom Chris Kahui's lawyers accused of being the real killer.
The inquest was set to begin in February but was postponed. A new date hasn't yet been set.
The twins share a grave with a relative of Mr Kahui's mother at the Mangere Lawn Cemetery.
Their names are not anywhere near the grave. The only indication children are buried there are two small whale toys, a white racing car, and identical brown teddy bears sitting among plastic flowers.
