Prison trio's plea for pardon fails

WELLINGTON - Three men in prison for the 1996 pack rape and sodomy of a woman have had their petitions for a pardon rejected, despite written admissions by the woman that she lied.

The men, Jason Dale, aged 26, sentenced in a Dunedin court to eight years' jail, his brother Paul Dale, 29, and their friend Callum McLeod, 23, both sentenced to 81/2 years in prison, had appealed for mercy on the grounds that the charges were fabricated.

Justice Minister Phil Goff said yesterday that Governor-General Sir Michael Hardie Boys had rejected an application by the three men for a pardon.

Dunedin QC Judith Ablett-Kerr said her clients had been told of the result of their petition. They were naturally disappointed and at a loss to understand why the petition had taken so long to be dealt with, given that police interviewed the complainant on behalf of the Justice Ministry last May.

The case raised significant concerns about access to justice in New Zealand when a miscarriage of justice was complained of, Ms Ablett-Kerr said.

The approach in this case, that of a limited investigation without consultation and with no opportunity for the applicants to comment, was in contrast to how Britain handled such matters.

It was particularly important, where credibility was at issue, that the appropriate forum be transparent, such as a court where credibility could be properly tested. The men's petition appeared to have been declined on credibility issues, she said.

Their claims of innocence were strengthened last year when the woman and her partner accused two Upper Hutt men of a similar attack, allegedly after she had been drugged senseless. Those men were able to convince Upper Hutt police that the claims could not be true. Police have confirmed that they saw videotape evidence that the four had a history of consensual sex.

In this latest set of claims, the woman signed statements before a Upper Hutt justice of the peace, Pat Crowley, confessing that she had made up both sets of allegations of rape, that the sexual activity had been consensual - and that at the time she had been having "strong sexual fantasies" involving rape.

She also confessed to a "very serious drug addiction problem" and "occult influences."

The woman subsequently phoned a newspaper to say she had been forced to sign her confessions. However, Mr Crowley has said on several occasions that she was relaxed and believable when she came to his house for his signature.

One of the Upper Hutt men, calling the decision an injustice, has prepared an information for a private prosecution of the woman and her former partner. The information was lodged with the Upper Hutt District Court on Thursday.

Amanda Dale, sister of the Dale brothers, spoke on Thursday of the trio's extreme disappointment. "At least they know where they stand ... They just do the rest of their time."

Ms Ablett-Kerr has received instructions to take what further steps are possible for the men to pursue their case. She will consider the Privy Council and a judicial review as possibilities.

- NZPA