Retired cop behind controversial investigation technique returns to lead major police career development project

Retired Detective Inspector Tom Fitzgerald. Photo / NZME

One of New Zealand’s top police investigators who retired last year - amid controversy surrounding an interviewing technique he devised that was used in a number of cases tossed out of court - has started a new role as the head of a major career development project for the organisation.

Tom Fitzgerald held the rank of Detective Superintendent and headed the police national crime group and Criminal Investigation Branch until his departure in October.

Over his police career - most of it in Christchurch - he was involved in some of the country’s most high-profile homicide investigations including the murders of Ben Smart and Olivia Hope in the Marlborough Sounds in 1998.

He was also the brains behind the Complex Investigation Phased Engagement Model (CIPEM) interviewing technique.

Detective Inspector Tom Fitzgerald at the scene of the Christchurch "house of horrors" murders. Photo / NZPA

CIPEM - currenlty under investigation by the Independent Police Conduct Authority - sees investigators creating a relaxed and non-confrontational environment for interviews with suspects.

The aim is to put suspects at ease with detectives in the hopes they will disclose vital information.

It had been used in New Zealand since about 2018 but was only made public last year.

The technique was criticised and questioned though after a number of cases essentially collapsed in court due because of it.

RNZ reported that CIPEM came under fire from human rights lawyers, criminologists and psychologists after it was implicated in a false confession n the Lois Tolley murder case in Wellington.

READ MORE ABOUT CIPEM AND CRITICISM OF THE METHOD HERE

In December the IPCA confirmed it was investigating CIPEM.

In an email to colleagues in October Fitzgerald announced and explained his retirement.

In an email, later provided to the Herald, he said “three years of commuting and living away from home has finally taken its toll”.

That, combined with the opportunity “to lead a significant project” for the police had “endorsed” his decision to retire.

“I have been an extremely proud member of (the) police for over 31 years and enjoyed every minute of that time,” he wrote.

“I can confidently say that New Zealand investigators are of the highest standard and in many capacities, world leading.”

He said after taking “some extended leave” he would return to work this year to “continue to do what I am passionate about”.

That included “outside consulting opportunities and “also assisting police” on the Investigations Professional Development Framework.

He said the project would “ensure New Zealand investigations maintain the highest standards” and would “provide an end-to-end investigative development framework that will drive investigative professionalism, support quality investigations and ensure investigators are fit for future.”

On Wednesday, Assistant Commissioner Lauano Sue Schwalger emailed staff to confirm Fitzgerald’s new role with police had started.

“The Investigations Group have commenced a programme of work to design a professional development framework that will encourage career-long professional development and progression for investigators, Authorised Officers and specialist employees (within the investigations arena),” she said.

Assistant Commissioner Sue Schwalger. Photo / Mark Mitchell

“The intent is to build on the success of the current development framework with a view to ensuring investigations staff are equipped with the skills to be responsive to the changing nature of crime in Aotearoa New Zealand.”

Schwalger said “consultation across all levels of investigations” would be “key to the success” of the work.

A number of police staff across the country will be assigned to work with Fitzgerald and his team - “collecting information, arranging workshops and collecting nominations for small working groups that will assist through the project”.