Allegations of abuse by NZ Police

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This page last updated Feb 11 2007

What we say
The complainant in the case and agree that political pressure from the Prime Minister caused the case to proceed. PeterEllis.Org calls on the Prime Minister to apologise to Timothy Ogle and his family

2006-1111 - - Prime Minister must apologise to acquitted former police officer

Case blamed on political interference
Defence lawyer Gary Gotlieb claimed the Crown had prosecuted Mr Ogle only because the case was referred to the commission of inquiry into police conduct.  Mr Gotlieb said the case was "too political" after Prime Minister Helen Clark referred the case to the inquiry into police conduct.

"And I have to say it again, the hairs stood up on the back of my neck from the Prime Minister referring it back to them. Hey, doesn't that make you feel uncomfortable? It certainly makes me feel uncomfortable." [Mr Gotlieb was making reference to statements made by the Prime Minister Helen Clark about the case in 2004] 

2006-1109 - NZ Herald - Ex-policeman cleared of 1988 rape charges
2006-1111 - NZ Herald - PM blamed for reopening of rape case

Timothy Ogle

Timothy Ogle speaks out about his ordeal
"What I did morally 18, 19 years ago while I was married to my first wife was totally morally wrong, but one silly night and it's cost me 19 years of my life," he says.

2006-1109 - One News - Cleared cop talks about rape case

Huge costs faced by defendant
Timothy Ogle could face a legal bill of more than $100,000. he came back from Australia to face the charges. He had to sell his house to pay his legal costs. The costs included the private investigator they needed to find witnesses for the trial.  "If we hadn't done what we did and had treated it like an ordinary trial, he would have been rolled. "This is the trouble with anyone. If the state brings its forces against you, it is so bloody hard to stand up to it," Mr Gotlieb said.

2006-1109 - NZ Herald - Ex-policeman faces big bill after being cleared of rape

Reaction to Verdict
Timothy Ogle was delighted with the verdict. He told reporters he did not rape the woman - and now a jury has believed him. He says it has haunted him for 16 years, and slanderous media allegations against him have been put to rest, although he says the new trial has wreaked havoc on his family.

Ogle's wife wept openly as her husband was acquitted. She says she knew her husband was innocent

Timothy Ogle's lawyer Gary Gotlieb aid the verdict ended two years of hard work. "In the end the jury was given their task to do, they found him not guilty and I was not in any doubt that it was the right verdict." Mr Gotlieb says says the police found there was no case to answer in their initial investigation, and his client should not have had to go through a prosecution

Mr Gotlieb had special praise for investigator Brian Rowe, saying without him, they would not have found all the witnesses.

2006-1109 - Newstalk ZB - Former officer's ordeal is over
2006-1109 - Newstalk ZB - Wife weeps as her husband is cleared
2006-1109 - Radio NZ - Acquitted police officer always maintained his innocence
2006-1109 - Stuff - Not guilty verdict for former Northland constable

Verdict - NOT GUILTY
The jury took almost five hours to clear the former police constable, 44, of seven charges including four of sexual violation and assault. He has been found NOT guilty on all counts.

2006-1108 - Stuff - Jury clears former policeman of sex charges
2006-1108 - Radio NZ - Jury Verdict
2006-1108 - One News - Far North cop found not guilty of rape
2006-1108 - Newstalk ZB - Police officer NOT guilty of rape

Summing up
The crown alleges the man tricked the woman out of her car by saying she had faulty headlights before handcuffing her and raping her. He said the the defendant's story of consensual sex is pure fantasy.

The defence attacked the credibility of the complainant, saying her evidence does not match up with the testimony of some Defence and Crown witnesses. He contends the sex between the accused and the complainant was consensual and was in fact instigated and promoted by the woman. He put it to the jury that the complainant had cheated on her boyfriend and alleging rape was a convenient way out.

Judge Lance said the incident happened a long time ago and some witnesses may have had trouble recalling that night. He said that the jury should look at each of the seven charges separately. They must be sure beyond reasonable doubt that the complainant did not consent to sex.

2006-1107 - Newstalk ZB - Prosecution and defence end case
2006-1108 - Radio NZ - Defence sums up in police historic rape trial
2006-1108 - RadioNZ - Defence says too many inconsistencies in complainant's evidence
2006-1108 - Radio NZ - Crown gives closing address in police historic rape case
2006-1108 - Newstalk ZB - Jury deliberates in far north police trial

Defence Witnesses
A witness says he was propositioned by a rape complainant in a bar just hours before the alleged crime. He says he found out the next day that the woman had laid a rape complaint. he said he joked to his friend about who was raping who and commented that it could have been him, as the woman had propositioned him that night

Another witness said that the complainant had an affair with him, and also referred to him as a "
naughty little boy"

2006-1107 - Newstalk ZB - Defence opens case over rape claims
2006-1107 - Radio NZ - Witness says rape complainant propositioned him
2006-1107 - NZ Herald - Woman wanted sex on night of alleged rape, court told
2006-1107 - Scoop - Woman wanted sex the night of alleged rape - defence

2006-1108 - Stuff - Witness felt sorry for rape accused

Trial adjourned to discuss legal issues.
Rape trial adjourned

2006-1103 - Dominion Post - Rape trial adjourned
2006-1103 - The Press - Trial adjourned

Crown witnesses
The former partner of a rape complainant says the woman was shaking, crying and fearful for her and her children's lives after the alleged incident

A woman said the accused asked her to have sex with him in the police station about an hour before the alleged rape. The woman says she never felt threatened. She says the man took her back to the police station before dropping her home. She says he tried to kiss her and made it clear he wanted to have sex, but she laughed off his advances and he left it at that'

After news of the police investigation members of the community printed 300 copies of a poster saying "(The complainant) seduces boys then cries rape. Mothers beware. Do this town a favour and publish this pamphlet."

A detective reported on a statement from the accused. The accused said the
complainant giggled at his sexual advances, and repeatedly called him a naughty little boy. She had been mildly flirting with him at a bar, and offered to take him home.

2006-1101 - Radio NZ - Former partner testifies
2006-1101 - Stuff - Rape accused ex-cop asked for sex at station - witness
2006-1101 - Newstalk ZB - Rape complainant faces cross-examination

2006-1102 - Radio NZ - Complainant called constable "Naughty little boy"
2006-1102 - NZ Herald - Witness accuses policeman of sexual advance

Complainant under cross examination
Revealed that woman was at a bar that evening who were discussing sexual activities and using handcuffs. There was a discussion about a scene on LA Law where a woman was handcuffed during sex. The woman suggested that the accused overheard the conversation and gave him the idea. The defence counsel says says the woman went into the police station voluntarily and after they had consensual sex, asked to be handcuffed and called the accused 'a naughty little policeman' before performing oral sex on him. 

The counsel said the woman "told the sergeant she was a bit of a flirt and may have led the defendant on" The complainant denied this

The complainant admitted an affair she had prior to the alleged rape, but denied the allegation was to get out of an embarrassing situation with her boyfriend.

2006-1031 - RadioNZ - Woman under cross examination
2006-1031 - OneNews - Claims no statement taken in rape case
2006-1031 - Newstalk ZB - Complainant questioned in rape trial
2006-1031 - Newstalk ZB - Defence says sex was consensual

2006-1101 - Radio NZ - Defence says complainant told police she may have led on the accused
2006-1101 - Radio NZ - Complainant in case involving former policeman cross examined
2006-1101 - One News - Cross exam continues in rape trial
2006-1101 - NZ Herald - Woman denies love talk with policeman
2006-1101 - Newstalk ZB - Rape complainant faces cross-examination
2006-1101 - Newstalk ZB - Rape accusations hid infidelity, claims defence
2006-1101 - Dominion Post - Cop covered up rape claim, court told

Complainant alleges police took no notes when she complained
The complainant says a Sergeant she complained to took no notes, asked her who she had told and warned her against telling anyone else. She says her formal statement was tampered with.

2006-1031 - Radio NZ - Woman says when she complained about rape sergeant took no notes
2006-1031 - Radio NZ - Formal statement tampered with
2006-1031 - Newstalk ZB - Apparent police inaction on rape complaint

Complainant says what occurred
The complainant had been drinking with the accused. She said she reluctantly agreed to drive the drunk policeman home. She told the court he smelt of alcohol and vomit and alleges he attempted to put his hand on her leg and kiss her twice. He then asked her to stop at the police station and tricked her out of her car by saying her headlights were not working properly. Once out of the car, she said he handcuffed her and forced her into the station where he raped her four times, sexually violated her and assaulted her. She said she was scared. She says she left evidence behind, marking a desk and leaving hair.

2006-1030 - Radio NZ - Rape complainant says she feared police officer would kill her
2006-1030 - Newstalk ZB - Rape victim gives evidence

2006-1031 - Otago Daily Times - Left evidence behind, rape complainant tells court
2006-1031 - NZ Herald - Rape complainant left evidence in station 'in fear of her life'
2006-1031 - Newstalk ZB - Ex-policeman's trial continues
2006-1031 - Dominion Post - Woman tells of handcuff horror
2006-1031 - Stuff - Alleged rape victim denies ex-cop's version of events



Opening arguments
The defence says sex was not denied, but accused says it was consensual, and instigated and promoted by complainant. There was a formal complaint in 1988, but there was insufficient evidence to lay charges. That decision was supported by superior officers and the Minister of Police. The man was removed from the police as a consequence of the sex. The complainant had in 1994 taken an unsuccessful civil case, alleging that her original complaint was not properly investigated.

The Crown says the complainant, aged 44 at the time, was handcuffed, forced back to a police station, and raped despite protest.

2006-1030 - Radio NZ - Defence for former policeman says sex was consensual
2006-1030 - Radio NZ - Crown says former Far North policeman handcuffed, raped woman
2006-1030 - One News - Opening statements in cop rape trial
2006-1030 - Newstalk ZB - Opening arguments heard by court

First Day Trial; Jury chosen
The accused denies eight charges, including four of rape, relating to an incident in Kaitaia in 1988. A jury of five men and seven women has been chosen.

2006-1030 - Radio NZ - Jury chosen for trial of former Far North policeman
2006-1030 - One News - Former policeman on trial for rape
2006-1030 - Newstalk ZB - Jury selected in historical rape trial