How do you lay a complaint against the police?

By GEOFF CUMMING

You've been roughed up by police in a case of mistaken identity; banged up after evidence was planted; or your burglary complaint has been ignored. Who do you turn to? The police, of course.

It's easy enough to lodge a complaint about the police - the thorny issue has always been: will justice prevail when complaints are investigated by the police themselves?

Complaints about the police can be made at any police station; to a district manager of police; the Police Commissioner's Office; the Police Complaints Authority; the Ombudsman, an MP or a district court registrar.

Complaints made verbally are supposed to be written down by the officer or you can supply a written statement. Complaint forms are available from the Police Complaints Authority and police stations.

If you're alleging criminal behaviour, such as assault, then only the police can investigate and decide whether to prosecute. If you are alleging misconduct or neglect of duty - including claims that your complaint has not been properly investigated - that's where the Police Complaints Authority comes in. It also investigates any case where there is loss of life or serious injury.

The authority, a civilian body, is supposed to be notified of every complaint about the police, whether it's made to the duty sergeant at a watchhouse or in writing to the area commander. About 40 per cent of complaints are made to police; 60 per cent go directly to the authority.

Last financial year, it received 2876 complaints and accepted 2369 for investigation. That's about 50 cases a week for authority head Judge Ian Borrin to sift through, although he says several complaints often arise from the one incident.

"For instance, someone arrested on a Friday night in Queen St might allege excessive force was used during the arrest, that he was then subjected to abusive language on the way to the station and later assaulted in the police station. Then we would have three complaints."

About 15 per cent of allegations are upheld.

Suspicion about police investigating complaints against colleagues has lingered since the authority was created in 1988. Its role was to investigate allegations of misconduct or neglect of duty by police but it had no staff to conduct its own investigations. It simply reviewed the outcome of investigations carried out by police.

Auckland lawyer Gary Gotlieb claimed in 2000 that a complaint to the authority could backfire on clients, with police laying extra charges for bartering purposes.

That year, Justice Minister Phil Goff ordered a review after what he called "extraordinary allegations" about the conduct of complaints investigations following the Waitara shooting of Steven Wallace by Constable Keith Abbott.

Changes following the inquiry included the formation of a team of up to six staff to investigate the most serious complaints. "It is critical that there is full confidence that such investigations are independent," said Goff.

The investigation team includes:

Allan Galbraith, a former assistant commissioner and long-serving Auckland CIB head who headed the Rainbow Warrior inquiry, leading the investigation team.

Norman Cook, who retired as a detective inspector in 2002 after almost 40 years' service, most of it in the CIB in Wellington, Gisborne and national headquarters.

Bob Grinstead, who moved to New Zealand in 2002 after 27 years with the Royal Canadian Mounted Police. He was an investigations supervisor with the Yugoslavia War Crimes Tribunal and served with the UN in East Timor as chief of national investigations.

Phillip Shepard, a lawyer and former detective inspector with 34 years' service in the London Metropolitan police, who also moved to New Zealand in 2002. His background includes significant experience in the investigation of corruption and public sector fraud.

Two years on, the investigation team is just getting to grips with its first cases, a series of pre-Christmas fatalities following police chases.

Routine cases are still referred by Judge Borrin to the Police Commissioner's office for investigation at district level.

Judge Borrin says there is "keen sensitivity" over the need to appoint impartial police investigators. "At small stations, obviously someone from outside will do it."

But the perception remains that the agency lacks independence and controversy continues to dog its decisions. Last May, it was criticised for delaying publication of its findings on the Wallace shooting while court action continued.

And after last weekend's revelations, lawyer and former Police Association secretary Rob Moodie called for it to be scrapped, saying it was "not fair to have people within the police organisation investigating other police".

Another recommendation of the inquiry, to change the name to Independent Police Complaints Authority, is included in a bill before Parliament.