Police probe will include similar cases

By KEVIN TAYLOR, political reporter



Other "relevant" cases will form part of the commission of inquiry into the handling of police pack-rape allegations, says Prime Minister Helen Clark.

But a spokesman said the commission, announced on Tuesday, would not be a forum for just any grievance against the police.

The inquiry's scope was questioned yesterday as more cases emerged involving police failure to properly investigate allegations against their own.

Helen Clark announced the powerful commission of inquiry after claims Rotorua woman Louise Nicholas was pack-raped by three police officers at a Rotorua police house in 1986 when she was 18.

One of the trio, Auckland city district head Assistant Commissioner Clint Rickards, was stood down on full pay by Commissioner Rob Robinson on Tuesday as a criminal probe was reopened.

Mrs Nicholas alleges Mr Rickards and two former officers, Tauranga district councillor Brad Shipton and Napier used-car salesman Bob Schollum, pack-raped her and used a police baton to violate her. The trio strenuously deny the claims.

Since her claims surfaced the Herald has become aware of four cases in the central North Island where the actions of police in relation to alleged sex offending have come under scrutiny.

And yesterday, in a fifth case, Judith Garrett told the Herald she was raped by a police officer in Kaitaia in 1988 but the officer was never charged.

A spokesman for Helen Clark confirmed a letter had been received from Ms Garrett and the case had been referred to the Crown Law Office to be taken into consideration in the inquiry's terms of reference.

The spokesman said the Prime Minister did not intend that the commission would be a platform for every "loose complaint", but it would deal with similar cases.

"If there are substantive complaints ... If there are what you might term related cases, they will need to be taken into consideration in writing the terms of reference."

The spokesman said that meant the inquiry would cover similar cases where police were accused of serious crimes but there had been an apparent failure to properly investigate.

"But it doesn't mean to say that every real or imagined grievance out there is going to be on the agenda, because it won't," the spokesman said.

"It would have to be similar to the ones we are dealing with now."

Auckland lawyer Andrew Cook, acting for a former Murupara woman whose 1982 rape complaint was mishandled by police, said he would like to see her case included in the inquiry.

Mr Cook is considering whether the 38-year-old woman, whose name has been suppressed, can sue for exemplary damages. She got a formal apology in 2000 from Mr Robinson.

The Government is also yet to name the inquiry head, likely to be a retired High Court judge. The Prime Minister has indicated the inquiry is likely to take to the end of the year.

Helen Clark told radio yesterday that police needed to be able to trust each other, but the serious allegation made in Mrs Nicholas' case was that during an investigation the course of justice was perverted because of a cover-up by one senior officer for others.

"Now no one would think that trust in each other should go to that extent," she said.

"I'm not predetermining the truth or otherwise of these allegations. I'm simply saying that is the seriousness of the allegation and that strikes at the heart of the integrity of policing."

Police Association president Greg O'Connor and constitutional law expert Mai Chen yesterday supported the commission's brief being wide enough to consider other relevant cases, but warned against it being too wide.

Ms Chen said if there were other similar cases it made sense to consider them, but the more cases, the longer the inquiry would take.

"If part of the terms of reference is about systemic failure, it is difficult not to look at other instances," she said.

"If there are other instances which are closely analogous which might also cast light on whether or not you have a systemic failure, it would be difficult to exclude those."

Ms Chen warned of the danger of an inquiry being held at the same time the criminal case was being heard.

The yet-to-be-written terms of reference would not determine criminal wrongdoing, but she said care was needed to ensure the inquiry's conduct and findings were not prejudicial to the right of the defendants to a fair trial.

Mr O'Connor said care was needed so the inquiry didn't just become a forum for every person with a beef against the police.

Mr O'Connor warned that the inquiry risked going off "in all sorts of directions" unless the commission had a strong head.

"This should be about one thing: improving policing and addressing issues which need to be addressed."



COMMISSION OF INQUIRY

Will look at issues of process used by the police and Police Complaints Authority in investigating the pack-rape claims, as well as the culture of the police.

Will not study criminal wrongdoing as that will be determined by a separate top-level police investigation.

Terms of reference for the commission of inquiry will take several weeks to write.

The commission is one tier down from a royal commission. It has the powers of a court, including the ability to subpoena witnesses.

The last commission of inquiry was into the police's Incis computer system.