Tom Phillips case: Police had ‘uphill job’ trying to charge possible supporters - retired law professor

Police had an uphill job trying to prosecute possible Tom Phillips accomplices as the best evidence “died with him”, says a retired law professor.

This morning, police confirmed they would not charge anyone with helping the former fugitive evade capture following an investigation.

Former Auckland University professor Bill Hodge told the Herald that unless investigators found a “smoking gun”, it would be difficult to prove beyond a reasonable doubt that people were aiding his evasion.

“When Tom himself was shot and killed, the best evidence died with him ... For the very reason that he would have been the best witness against anybody helping him.”

Police said there was insufficient evidence to lay charges against any of Tom Phillips possible accomplices.

People who potentially did help Phillips would not be likely to co-operate with police, said Hodge.

“So that community, if there was such a community spirit in favour or some members in the community favouring Tom, then for the very reason they helped him, they’re not going to help now.”

The best evidence the police could have found would be a record that could be traced to someone, and specifically showed they were helping Phillips.

Getting an accomplice to co-operate and give evidence could have also worked, said Hodge.

“I would say it’s going to be difficult to meet the burden, almost impossible to meet the burden of a prima facie case to get a committal and proof beyond reasonable doubt to get a conviction.

“The police would have always, I think, had an uphill job.”

Detective Superintendent Ross McKay said today while police still believe a small group of people had assisted Phillips, there was insufficient evidence to lay charges and the investigation, dubbed Operation Cranmere, had ended.

One of Phillips' primary campsites. Photo / Police

Under the Solicitor-General’s Prosecution Guidelines, any prosecution is required to meet an evidential sufficiency test, McKay said.

“In this case, based on current admissible evidence, that test has not been met and police will not be filing any charges,” the officer said.

“We have always said that we believe Phillips was assisted by a small group of people at varying stages.”

Phillips evaded custody, with his three young children, for nearly four years. During that time he defied a court order and engaged in various crimes, including bank robbery and stealing vehicles.

The former fugitive died in the early hours of September 8 after entering into a shootout with police, during which he critically injured an officer.

McKay said charges may be possible at a later date or if “further information comes to light”.

Hodge said charges were always available in the future “if somehow something falls in their lap”, as New Zealand has no limitation period for being an accomplice. However, he believed it was unlikely.