Special bill for police rape claims said to go too far

4.00pm

Retrospectively scrapping the privacy of evidence to the Police Complaints Authority (PCA) would undermine its past and future work, the Police Association said today.

A select committee today considered legislation that would allow a Commission of Inquiry, set up after allegations of a police pack rape, to see files covered by secrecy provisions.

The Government set up the commission to inquire into police conduct and procedure investigating allegations of sexual assault made against members of the police or their associates.

Greg O'Connor, Police Association president, told MPs that the special bill to introduce temporary provisions enabling the commission to see PCA files on the matter went too far.

Police and others gave evidence on the basis that it was secret and the legislation would retrospectively remove that understanding.

"If removal of this protection is allowed the question that must be asked is what or who are next? Will secrecy provisions relating to medical privilege or any other whistle blower protections also be retrospectively removed if they too become inconvenient? How can the public trust any claims that this will not happen if a precedent has been set?" Mr O'Connor asked the committee.

The association said the commission could still get information from the PCA and do its job if information was provided in a different way.

Mr O'Connor suggested cases could be dealt with anonymously and other information aggregated.

Where the commission wanted to look at individual cases the consent of those involved could be sought.

If individuals refused to waive the secrecy provisions and the Commission of Inquiry thought further investigation was warranted the should have to apply to the High Court to have the secrecy provisions lifted.

Mr O'Connor said the association -- which represents police officers -- welcomed the Commission of Inquiry and said there was need for public reassurance about the integrity of the police.

He did not believe the association's suggestions would undermine the ability of the Commission of Inquiry to do its work or the public's confidence in that work.

The Police Managers' Guild -- which represents senior officers -- also appeared at today's hearing with other concerns about the proposals.

Guild lawyer Rob Davidson said the proposed bill needed to make clear that those appearing before the commission should not have their evidence used against them.

Mr Davidson said much of the evidence the commission would hear had already been given to the PCA under protection from self-recrimination.

He said those giving evidence had to be sure they would not face prosecution otherwise the work of the commission and the PCA in the future would be undermined.

The Government introduced the Police Complaints Authority (Commission of Inquiry into Police Conduct) Amendment Bill after the commission raised concerns about the private nature of the PCA's files.

The provisions were designed to help the PCA get frank information from the police and public during investigations. Such information could by self-incriminating, personally embarrassing or there could be a fear of retribution if confidentiality were not assured.

Attorney-General Margaret Wilson said at the time of the introduction of the bill it was necessary to ensure public confidence in the inquiry.

The commission was not likely to start considering the relevant PCA files until at least June and the Government hoped the bill would be law by then, Ms Wilson said.

It would apply only to the current commission and would expire a year after the commission reported to the Governor-General.

The commission followed allegations by Rotorua woman Louise Nicholas she was raped in a police house in Rotorua in the 1980s.

Ms Nicholas has alleged Clint Rickards, now a police assistant commissioner, and former police officers Brad Shipton and Bob Schollum pack raped her.

The men have strongly denied the allegations.

Mr Rickards has been stood down from his job as Auckland district police commander.

A second allegation before the inquiry is that of Judith Garrett who said she was raped by a constable at Kaitaia Police Station in 1988.

The commission has said it will not investigate current criminal inquiries.

- NZPA