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Suspended police Assistant Commissioner Clint Rickards is taking his fight to the Crown, claiming crucial evidence was deliberately withheld during his trial this year on historic sex charges.
Rickards - who has been stood down on full pay for the past three years - has lodged a complaint with the Canterbury District Law Society, alleging Crown prosecutor Brent Stanaway did not present evidence that would have been favourable to his defence during the trial this year into historic sex claims.
Stanaway rejected the allegations, telling the Herald on Sunday: "I responded to the complaint emphatically denying the matters complained of. A decision of the complaints committee is awaited."
Rickards' lawyer John Haigh refused to comment, but it is understood the basis of the complaint is that the Crown allegedly failed to disclose evidence that could have helped Rickards prove his innocence. If the allegations are proven, Stanaway could face a fine, censure or being struck off.
The complaint is likely to widen the rift between Rickards and his employers and potentially damage his chances of returning to his job as Auckland's top cop.
Though police are saying no decision has been reached on Rickards facing internal disciplinary charges, it is understood he has been formally advised he will now be required to answer 10 charges - four more than originally thought.
It is understood some of the charges relate to his admission in court that he had sex with Louise Nicholas, and others to comments he made outside the High Court at Auckland in May when he called the police investigation "a shambles" and gave his support to convicted rapists Brad Shipton and Bob Schollum.
The Herald on Sunday has been told Rickards will defend the charges, which are are the clearest indication yet that Police Commissioner Howard Broad does not want him back in the police. If Rickards is found guilty, the penalties can include demotion, fine or dismissal. If his defence succeeds, police will have a difficult job not reinstating him.
Since being acquitted in May on charges of kidnapping and the indecent assault of a 16-year-old in Rotorua between November 1983 and August 1984, Rickards has made it clear his intention is to return to the police. But some in police circles believe the curtain could be about to fall on his 27-year career. Although Rickards has been acquitted in two historic sex trials, many believe he could no longer command the respect of his fellow officers.
The handling of the Louise Nicholas rape allegations is set for another airing on Tuesday when former Rotorua CIB head John Dewar appears on charges of attempting to obstruct or defeat the course of justice.
Dewar, who has denied the charges, investigated the allegations by Nicholas that she was raped by Rickards, Shipton and Schollum between September 1985 and December 1986.
The trial is expected to last three weeks.
