KEY POINTS:
The wife of one of the accused in the police sex trial called her cousin last week and told her to say she didn't remember the details of a crucial holiday, a court heard this afternoon.
Christine Filer made a surprise appearance in the High Court in Auckland to rebut the alibi that Mrs Shipton - wife of former police officer Brad Shipton - previously gave to the court.
Mrs Filer was brought from Australia by the Crown as a witness after Mrs Shipton had said that they were staying with her for a month in February 1984 - during the period it is alleged Brad Shipton and two other men sexually assaulted a 16-year-old girl.
But in the High Court today Mrs Filer said of the holiday: "I don't recall it at all."
She said she would have remembered it because it was a very busy house and a month was a long time.
Mrs Filer was telephoned while in Perth last Friday, after Mrs Shipton had given her evidence, the court heard. She said Mrs Shipton told her the police might be calling and reminded her she didn't have to say anything.
Mrs Filer said Mrs Shipton said: "Just to say that I didn't remember."
She said Mrs Shipton had asked when she might be going home to her home in Brisbane and Mrs Filer said she didn't know. After hearing this, Mrs Shipton said "That's probably a good thing. If you stayed in Perth that would be good," the jury was told.
Earlier today Mrs Shipton broke down in the witness stand after learning her cousin would be contradicting the alibi she had given.
Mrs Shipton yesterday denied lying to the court to cover for her husband Brad Shipton as part of a "jack-up" by the defence.
Today Mrs Shipton burst into tears in the High Court at Auckland when learning that the cousin would say she had rung and told her to lie about her memories of the holiday.
She said: "As God strikes me down I never said that, I wish I could look her in the eye." As she wept uncontrollably her husband also wiped tears from his eyes.
Crown prosecutor Brent Stanaway interrupted Mrs Shipton, saying "I take it from that, you deny it".
Mrs Shipton continued crying as Mr Stanaway put it to her that the cousin would say Mrs Shipton had told her to stay on holiday over the weekend to avoid police.
Mrs Shipton said: "This is like a mad movie, oh my God".
Contradicted
During cross-examination yesterday, Mr Stanaway said the holiday was a week at the most, and produced statements from Mrs Shipton's family that contradicted her reasons for the break.
He said Mrs Shipton's evidence for her husband's defence was a "recent fabrication" made up only after the alleged victim gave evidence last week.
Mr Stanaway said Mrs Shipton rang her cousin, with whom she said she stayed during the holiday in Wanganui, "after a silence of years" only when the complainant had finished giving evidence.
He asked Mrs Shipton why she had never contacted the cousin earlier and he said the call was actually to warn her the police might be ringing.
Mrs Shipton also said in her evidence on Thursday that they were in Wanganui because her grandmother was being moved into a rest home.
Mr Stanaway handed her statements, taken from family members over the weekend - including her father and uncle - that he said showed the grandmother was actually moved a year or more before. Mrs Shipton said she did not accept this.
Mrs Shipton, 53, is a project leader at the Ministry of Justice in Wellington and has been married to Shipton, 49, since 1978. She was the only witness called in his defence. Shipton has elected not to give evidence.
As Mr Stanaway questioned Mrs Shipton about inconsistencies in her evidence, she countered by saying the alleged victim had given conflicting evidence as well.
Mr Stanaway asked how she knew this as the evidence was given in a closed court and Mrs Shipton said her husband had told her.
"He said to me, 'I cannot believe how these lies are affecting our lives'. I've had that conversation almost daily with him for two years. And he said that he loved me."
Mr Stanaway: "And did you say you loved him?"
Mrs Shipton: "Yes."
Mr Stanaway: "And that you were prepared to lie for him?"
Mrs Shipton: "I never ever said to my husband that I would lie for him."
Mr Stanaway said her discussions with Shipton had impacted on her evidence. "This is a combined effort of all three accused in assisting you with the evidence you are giving."
Mrs Shipton: "Absolutely not, Mr Stanaway."
Mr Stanaway said a letter sent on Mrs Shipton's behalf last week by Clint Rickards' lawyer, John Haigh, QC, asking Wanganui Hospital for the grandmother's health records showed the defence team was working as one.
The court was then cleared and when the jury returned a statement was read saying the letter was drafted by private investigator Mark Templeman, who was working for the three accused, but was sent without Mr Haigh's knowledge.
Once Mr Haigh found out he viewed it as "entirely inappropriate".
Mr Stanaway told Mrs Shipton her evidence of the month away from Rotorua "is just a jack-up".
"[This] jack-up has only been implemented in the last few days."
Mrs Shipton: "Mr Stanaway, the statements you have put to me today are the jack-up."
Mr Stanaway asked Mrs Shipton why she had never gone to the police earlier about her husband being away for the entire month of February.
Mrs Shipton said she would never help or assist the Operation Austin investigation into historic police sex crimes in any way "because I've seen, read and heard what is the most shameful, unethical, unprofessional conduct of that team".
Mrs Shipton said she knew when she gave her evidence the investigation team would have been "running around all over the country and possibly the world trying to prove I'm a liar. I'm not".
Clint Rickards, 46, Brad Shipton, 49, and Bob Schollum, 54, deny charges of kidnapping a woman and indecently assaulting her with a bottle in Rotorua sometime between November 1983 and August 1984 when she was 16.
