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The Parole Board is claiming to have prised what amounts to a confession out of one of the former police officers convicted over the pack rape of a woman nearly 20 years ago.
The board claimed yesterday that after three years of denials Brad Shipton had acknowledged the
complainant in the Mt Maunganui rape case had not been a willing participant in group sex. But Shipton's family says the board has misconstrued remarks he made at a parole hearing last week.
Shipton, who has served three years of his 8 1/2-year sentence - appeared before the board last week, but was denied parole after concerns from the panel he was still "an undue risk" to the safety of the community.
In its decision the board says it asked Shipton many questions and claimed his answers "seemed to confirm all the ingredients of a rape". Shipton has always maintained sex with the woman was consensual.
Panel convenor Judge Carolyn Henwood said Shipton apologised at the hearing for what the victim had gone through - and then admitted having ruined her life. He also acknowledged he should never have put her in that position, nor should he have taken his colleague Bob Schollum with him, Judge Henwood wrote.
"He acknowledged that she was possibly intimidated by them. He confirmed that he did not ask the complainant if it was okay to have sex with her or for more than one person to have sex with her, and that wearing the police uniform was despicable."
The judge said in the board's "unanimous opinion" what Shipton had described was, in its view, "rape".
But a Shipton family spokesman said the board had taken the remarks made at the hearing out of context.
Shipton had always conceded his behaviour was immoral and unacceptable but never illegal, the spokesman said. As far as Shipton was concerned the woman had been a more-than-willing participant in group sex. "The board has misconstrued Brad's comments. Obviously Brad regrets the hurt he has caused his family over this, but never has he admitted raping anyone," the spokesman said.
In 2005 Shipton was convicted along with fellow ex-police officer Bob Schollum, fireman Warren Hales and millionaire Peter McNamara of the pack rape of the complainant. McNamara was freed on parole in January after serving 2 1/2 years of a seven-year sentence. The Sensible Sentencing Trust and the victim have asked for a judicial review of that decision that will be heard this week. In a submission opposing Shipton's release, the victim said she had been "devastated" and "shocked at the level of violence" shown by the men.
In other remarks, Judge Henwood said Shipton would "appear to have a supportive and welcoming environment to return to" if released on parole. He also cited a psychologist's report that said there was a "low risk" of Shipton re-offending. But Judge Henwood said the board still wasn't satisfied Shipton did not present an "undue risk" to the safety of the community. It adjourned the case to September to allow another psychological assessment of Shipton to be made.