In 2020, paramedic services were designated a regulated health profession, meaning all practising paramedics were required to register with the Paramedic Council.
In registering, applicants are asked whether they have any convictions and are subject to a criminal record check.
Bowen answered ‘no’ to the council’s question regarding previous convictions.
When completing the Ministry of Justice form, Bowen left the section asking for previous names blank.
He also did not tick the box asking for previous convictions.
Although the form stated previous convictions will not appear if they meet the eligibility for the Clean Slate Act, which can apply to some convictions over seven years old, the scheme did not apply to Bowen as he was convicted of sexual offending and served jail time.
Bowen submitted the form on January 6, 2021 and received a letter from the ministry stating, based on the information he provided, he had no convictions on January 14.
Had his former name been given, the ruling said the conviction would have been shown.
Soon after making his registration application, Bowen notified police he wished to challenge a driving infringement for speeding in one of his ambulances, and his criminal history was included in the police disclosure.
As part of preparing for the hearing, the detective on the case reviewed Bowen’s ambulance company’s Facebook page, which referred to staff receiving confirmation of their paramedic registrations.
This raised his suspicion as the detective knew the conviction would be a disqualifying factor in some settings.
“Further inquiries were made and on July 26, 2021 police arrested Mr Bowen. He agreed to be interviewed. During the course of the interview, Mr Bowen claimed he had not disclosed his conviction for sexual offending to the Paramedic Council because the offending happened over seven years ago and under the Clear Slate Act he was not required to disclose it,” the decision said.
It also noted he was unable to explain why he had not completed the “other names” section in the Ministry of Justice form.
He pleaded not guilty at trial but was convicted by a jury.
After the defence had closed its case, Bowen’s counsel advised he had not received his full criminal history until after he had submitted his application for registration, which he earlier said he received in February 2021 before he applied.
The Court of Appeal ruling said issues relating to the significance of this, and the judge’s refusal to allow it to be produced, were raised in the appeal grounds.
Bowen’s lawyer had argued there was a risk the trial outcome was affected by the incorrect information and that the judge had erred by failing to direct the jury to put aside any prejudice they may have regarding the sexual offending conviction.
The Court of Appeal ruled that the importance of the evidence was overstated, and only one part of a “very strong Crown case”.
“There is, in our view, an irresistible inference from all the other evidence that Mr Bowen knew that disclosure of his previous convictions would likely jeopardise his chances of getting registration and so deliberately and dishonestly completed the two forms with the intention of deceiving the Paramedic Council for his own benefit.”
The court also dismissed the other ground for appeal.
Katie Harris is an Auckland-based journalist who covers social issues including sexual assault, workplace misconduct, crime and justice. She joined the Herald in 2020.
