The historical allegations, from three different women, spanned three decades dating back to the 1990s. The Herald has elected not to give the exact dates to protect the identity of the complainants.
On another occasion, Thompson is alleged to have given a vulgar suggestion as to how another young female athlete could make up for a late payment to the organisation.
The oldest allegation involved an allegation he exposed himself to a female athlete after a night of drinking while in Europe, telling her something along the lines of: “Get a load of this.”
Thompson, 63, did not appear in court today. He has previously denied the allegations.
His lawyer, David Fraundorfer, argued today that the CRNZ board wrongly went about the suspension and expulsion process, disregarding its own constitution and not giving Thompson enough time to respond to the investigation findings.
Given the potential damage to Thompson’s livelihood, the courts expect a higher standard than the “unsound process” that followed the independent investigation by Wellington-based barrister Victoria Casey, KC, Fraundorfer said.
“When the [investigation] reports were received there was no degree of critical thinking,” he said. “They effectively rubber-stamped them, then used them as the basis for the process that followed.”
Additionally, Fraundorfer said, the earliest allegation had already been investigated and dealt with in the 1990s, before Canoe Racing New Zealand was incorporated. It’s unfair to relitigate something that happened before Thompson was even a member of the current organisation, he said.
The canoeing organisation’s lawyer conceded that the timeframe Thompson was given to respond to the findings was short, but he insisted it wasn’t inappropriate.
“The board didn’t rubber stamp the reports,” he said, describing its members as “honest, volunteers trying to do the right thing”. “They were very simple allegations and they’re very simple conclusions.”
The entire process from the time of the complaint to the decision to ouster Thompson took the better part of a year, he said.
“CRNZ has been through a lengthy process here - one that is unprecedented,” David said, pointing out that one of the three accusers left the sport permanently as a result of the alleged interaction.
“A board confronted with complaints of this nature must act to protect the sport and its members.”
Justice Downs reserved his decision, estimating that it will likely be a month or two before his judgement is delivered.