On Friday, the case was called in the Wellington District Court before Judge John Walker.
The woman’s lawyer, Steven Lack, told the court he had made a request for both the police and the Crown to reconsider whether it was in the public interest to continue prosecution.
He said it had not been possible to resolve the case via a diversion scheme and that an application had been made to dismiss the charges on the grounds that the continued prosecution was “an abuse of process”.
Lack submitted the test was the adequacy of the investigation into McSkimming following her complaints and the investigations into her, both of which had been subject to criticism by the IPCA.
He said several police officers had been approached by a private investigator who had declined to be interviewed.
Judge Walker continued all suppression orders in relation to the case.
The case will be called again on December 22 to sort a callover date for next year to hear the dismissal application.
RNZ earlier approached police for comment on Wednesday on whether they had any comment on charges she still faced and whether police would now drop them.
In response, Police Commissioner Richard Chambers said the matter was before the court and police had instructed a senior criminal barrister in the proceeding.
“It would be inappropriate for me to comment about the merits, including public interest, of any case that is before the court.
“However, what I have done and what I can say is, that I have assured myself that proper process has been followed in bringing this case.”
Assistant Commissioner Mike Johnson said Ms Z was the defendant in a prosecution in the District Court.
“In these circumstances, it is not appropriate to comment publicly on the merits of the prosecution, including the public interest.”
In an earlier statement to RNZ, Steven Lack said police “failed my client”.
“Over a period of years, she attempted to report allegations of serious physical, psychological and sexual offending by Mr McSkimming, then one of the most senior police officers in the country. Instead of being heard, she was dismissed and ultimately prosecuted for speaking out and raising her concerns.
“At every stage, the Police had the opportunity to engage with her, to properly assess what she was saying, and to investigate her allegations. They could have viewed her as a traumatised victim. They chose not to. They accepted Mr McSkimming’s denials without meaningful inquiry and placed the full weight of the criminal justice system on my client for more than a year until the charge against her was withdrawn. Understandably this has had a devastating impact on her.
“The way her complaints were handled should alarm all New Zealanders. It suggests that the Police were more focused on protecting Mr McSkimming’s career and advancement than on properly assessing serious allegations of offending against him.”
Lack said the police were an organisation “entrusted by the community to protect and serve”.
“In my client’s case, they did neither.”
– RNZ
