PM economical with details of artwork

By AUDREY YOUNG political reporter

Prime Minister Helen Clark failed to address many of the questions put to her by police in their inquiry into her signing art works for charity auctions that she had not painted.

She refused to be interviewed during the inquiry, investigating officer Detective Superintendent Malcolm Burgess wrote in a letter to Helen Clark's lawyer, Willie Akel.

"I note your earlier verbal advice that Miss Clark has declined to be interviewed.

"However, in the interests of natural justice I wish to provide your client with the opportunity to have her explanation recorded," says the letter, part of the police file released under the Official Information Act.

Helen Clark threatened legal action at the weekend after National leader Bill English accused her of not disclosing all she knew about one painting in particular, which sold at auction for $1000.

He said not telling all she knew was the same as telling a lie.

The police decided that while there was a case of forgery to answer, it was not in the public interest to prosecute.

Helen Clark's Auckland executive assistant, Joan Caulfield, acquired the painting after Auckland lawyer Simon Mitchell - a Labour supporter - bought it for $5000 from Webb's Galleries to return to the Prime Minister.

Mrs Caulfield told police she had sought Helen Clark's advice on what to do with the painting but received none and, acting on her own initiative, destroyed it in her barbecue.

The police asked 33 questions of Helen Clark in a letter dated June 11. The letter cautioned the Prime Minister, saying she was not obliged to answer anything and that any answer she gave could be used in evidence.

Among the questions were four about what happened to the painting after it was bought back:

* What knowledge do you have of the subsequent purchase of the painting by Mr Mitchell?

* What were you told about that purchase and by whom?

* What discussion did you have with Mrs Caulfield about the purchase of the painting?

* What advice did you give to anybody about how the painting should be treated?

Helen Clark responded to the 33 questions with a 12-paragraph statement that was sent to police by Hugh Rennie, QC, who noted in his accompanying letter: "I have personally verified that she signed it."

She addressed the issues about signing the artwork for a charity auction in 1999.

She did not address any questions about what had happened to the painting after Mr Mitchell bought it.

But she said: "I am certain that if I had at the time recognised that signing a painting might have a different legal effect to signing other items (such as photographs, books, bottles of wine) that I would never have signed the painting."

Helen Clark said she had acted with "insufficient thought and attention".

"I would never have done this if I had had even the slightest idea that there might be a suggestion of a breach of any law."

Act leader Richard Prebble said Helen Clark as Prime Minister had to set a standard.

"When the police come round, one would expect a Prime Minister to be open, frank and honest."

He accused her yesterday of having "a Winebox-scale memory loss" - a reference to the part of the police report which says Helen Clark had no recollection of the events in 1999 surrounding how the artwork came to be done.

Yesterday, the Prime Minister backed away from threats to sue over Mr English's comments. She said he was desperate and would say any outlandish thing to get attention. "I may not give him that pleasure."

Mrs Caulfield said last night that she was taking legal advice and had not decided whether to take action against Mr English.

"While there is a prima facie case against him," she said, using the language of the police report, "one can use one's discretion not to prosecute."

Mr English, speaking at the National Party's conference in Wellington, had accused Helen Clark of "slippery deceit".

That was one of the milder statements. Stronger allegations have been removed from news coverage on legal grounds, including from Herald reports.

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