Secrecy law could hamper inquiry into police conduct

4.00pm - By MICHAEL DALY

Blanket secrecy provisions in the law governing the Police Complaints Authority are threatening to hamper the work of a Commission of Inquiry sparked by allegations of police pack rape.

At the commission's first public meeting in Wellington today, John Upton QC representing the PCA, said his client wished to cooperate as fully as it could but legal difficulties were likely.

"We do have this legislative blanket," he said.

"I'm sorry to be so negative early in these proceedings, but it's a reality we need to recognise."

By law neither the PCA nor its office holders can be called to give evidence in any court or any proceedings of a judicial nature in respect of anything coming to their knowledge in the exercise of their PCA functions.

Outside today's meeting, Mr Upton said there was a legal difficulty over the extent to which the PCA could provide material to the commission.

He expects to have finished an assessment of the secrecy provisions by next week and to then be in position to take instructions from the PCA.

Commissioner High Court judge Justice Bruce Robertson said the PCA secrecy provision was one of two issues that could affect the commission's ability to achieve its timetable.

A possibility might be for the commission to receive what evidence was available to it, and anyone who felt constrained could find remedies in other places to remove any constraints.

The second issue that could affect the commission's timetable was the fact inquiries were under way into whether some present and former members of the police could or should be prosecuted, Justice Robertson said.

Clearly there was an ongoing issue that would need careful and sensible attention to ensure nobody's rights were infringed.

The commission had a deadline of November 1, which effectively meant it would need to have its report in a final form by mid-September, he said.

The Government set up the commission to inquire into police conduct and procedure when receiving and investigating allegations of sexual assault made against members of the police or their associates.

Commissioners Justice Robertson and former senior public servant Dame Margaret Bazley are also to inquire into police standards and codes in relation to police personal behaviour, including sexual conduct.

The inquiry followed allegations by Rotorua woman Louise Nicholas she was raped in a police house in Rotorua in the 1980s.

Ms Nicholas has alleged Clint Rickards, now a police assistant commissioner, and former police officers Brad Shipton and Bob Schollum pack raped her.

The men have strongly denied the allegations.

Mr Rickards has been stood down from his job as Auckland district police commander.

A second allegation before the inquiry is that of Judith Garrett who said she was raped by a constable at Kaitaia Police Station in 1988.

Today Justice Robertson emphasised the commission was dealing with incidents where complaints had been made to the police.

"Some people have written in drawing to our attention matters where they say they were the subject of inappropriate behaviour, but there was no reference to the police in any form. Those matters would not fall within our terms of reference."

By next week the commission expected to have offices opened in Lambton Quay where staff would be available at all times.

Staff would include a person or people who would hear the stories of those who had contacted the commission and appeared to fall within the inquiry's terms of reference, Justice Robertson said.

In the first instance the commission would be concentrating on the past 25 years, from January 1, 1979.

Kristy McDonald QC, representing the police, provided the commission with a list of issues about which the police wanted details or clarification.

Among the issues was a request for a definition of sexual assault, and a query as to whether the commission would concern itself with personal conduct that was entirely lawful.

She queried what was meant in the terms of reference for the inquiry by the phrase "the general propriety of members of the police in respect of sexual matters", and asked what kind of conduct would be regarded as relevant.

The commission is to meet again on April 8 to deal with the issues raised by Ms McDonald.

Meanwhile, the police issued a statement today denying reports that the police investigation file into Mrs Nicholas' allegations had been lost.

"Police are satisfied that they have secured the relevant historical documentation required for the current investigation," the statement said.

- NZPA