Louise Nicholas
Encyclopedia
Louise Nicholas is a New Zealand
woman who alleged that several policemen raped her and obstructed evidence in the subsequent trials for rape.
at Rotorua
. Nicholas stated that in 1984 the crime took place in a flat
she rented in Rotorua, and she pressed charges against a single officer (who has never been publicly identified). During the investigation, Nicholas named three further men as co-assailants, Assistant Police Commissioner Clint Rickards
and former policemen Brad Shipton and Bob Schollum. Three trials resulted. The first in December 1993 and a second in June 1994 were both ruled mistrials because of the introduction of inadmissible hearsay
by Dewar. (The unnamed officer was tried and acquitted in 1994).
In a related prosecution, John Dewar, the detective initially handling Nicholas' complaint, was convicted in 2007 of four charges of attempting to obstruct or defeat the course of justice because he covered up allegations Nicholas made against Rickards, Shipton and Schollum. Dewar said he thought Nicholas was lying and didn't pursue the claims to protect her from charges of perjury. He was jailed for four and a half years.
The case was subject to a high level of public debate about suppression orders
in New Zealand Courts, and admissibility of evidence after a Dominion Post article in 2004. The evidence that at the time of the trial two of the three men were serving jail sentences for an unrelated rape of another woman in the 1980s was suppressed by the Courts in accordance with New Zealand law. Women's groups broke suppression orders by publicising the details with flyers and on the internet.
After the end of the second case, suppression orders were lifted and there was widespread publicity given to the fact that Shipton and Schollum had been convicted in 2005 of unlawful sexual connection. Schollum is currently serving a prison sentence, but. Shipton was released in November 2008 after serving three years of his eight and a half year sentence. Rickards was suspended from his position in early 2004 and resigned from the police on 22 November 2007.
Nicholas has taken a role in pushing for the recognition of victim rights, advocating changes to name suppression law after a prominent entertainer received name suppression after sexually assaulting a 16-year-old girl. Nicholas has been working as a survivor advocate for Rape Prevention Education.
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
woman who alleged that several policemen raped her and obstructed evidence in the subsequent trials for rape.
Original accusations
In 1993, Nicholas gave details regarding her claim of rape to Detective Inspector John Dewar who was in charge of the CIBCriminal Investigation Branch
The Criminal Investigation Branch is one of the main branches of the New Zealand Police and it is dedicated to investigating and solving serious crime, and targeting organized crime and recidivist criminals. The CIB has existed since the civil Police Force was formed in 1886 by the Police Force...
at Rotorua
Rotorua
Rotorua is a city on the southern shores of the lake of the same name, in the Bay of Plenty region of the North Island of New Zealand. The city is the seat of the Rotorua District, a territorial authority encompassing the city and several other nearby towns...
. Nicholas stated that in 1984 the crime took place in a flat
Apartment
An apartment or flat is a self-contained housing unit that occupies only part of a building...
she rented in Rotorua, and she pressed charges against a single officer (who has never been publicly identified). During the investigation, Nicholas named three further men as co-assailants, Assistant Police Commissioner Clint Rickards
Clint Rickards
Clint Rickards was a high-ranking New Zealand police officer who in the 2000s was accused of involvement in a number of sexual crimes in the 1980s. These involved multiple police officers having sex with teenage girls...
and former policemen Brad Shipton and Bob Schollum. Three trials resulted. The first in December 1993 and a second in June 1994 were both ruled mistrials because of the introduction of inadmissible hearsay
Hearsay
Hearsay is information gathered by one person from another person concerning some event, condition, or thing of which the first person had no direct experience. When submitted as evidence, such statements are called hearsay evidence. As a legal term, "hearsay" can also have the narrower meaning of...
by Dewar. (The unnamed officer was tried and acquitted in 1994).
Additional charges against the officers
In 2005, Shipton and Schollum were convicted of committing unrelated rapes at Mt Maunganui in 1989, along with three other men. During their imprisonment for the 1989 rape, as a result of media investigations, the two men and Rickards were re-tried for the rape of Nicholas, and were acquitted in March, 2006. In 2007 all three men were charged with the 1984 kidnapping and rape of yet another Rotorua woman, and again were acquitted.In a related prosecution, John Dewar, the detective initially handling Nicholas' complaint, was convicted in 2007 of four charges of attempting to obstruct or defeat the course of justice because he covered up allegations Nicholas made against Rickards, Shipton and Schollum. Dewar said he thought Nicholas was lying and didn't pursue the claims to protect her from charges of perjury. He was jailed for four and a half years.
Alleged coverup and implications for New Zealand law
After the original 1993-94 trials, Detective Chief Inspector Rex Miller was tasked with evaluating Dewar's investigation. He found that Dewar had filed his reports on the three officers without mentioning the allegations of criminal sexual misconduct.The case was subject to a high level of public debate about suppression orders
Gag order
A gag order is an order, sometimes a legal order by a court or government, other times a private order by an employer or other institution, restricting information or comment from being made public.Gag orders are often used against participants involved in a lawsuit or criminal trial...
in New Zealand Courts, and admissibility of evidence after a Dominion Post article in 2004. The evidence that at the time of the trial two of the three men were serving jail sentences for an unrelated rape of another woman in the 1980s was suppressed by the Courts in accordance with New Zealand law. Women's groups broke suppression orders by publicising the details with flyers and on the internet.
After the end of the second case, suppression orders were lifted and there was widespread publicity given to the fact that Shipton and Schollum had been convicted in 2005 of unlawful sexual connection. Schollum is currently serving a prison sentence, but. Shipton was released in November 2008 after serving three years of his eight and a half year sentence. Rickards was suspended from his position in early 2004 and resigned from the police on 22 November 2007.
Legacy of Nicholas
On 15 December 2007, Louise Nicholas was named New Zealander of the Year by the New Zealand Herald due to her courage shown during the rape trials of former policemen Rickards, Shipton and Schollum.Nicholas has taken a role in pushing for the recognition of victim rights, advocating changes to name suppression law after a prominent entertainer received name suppression after sexually assaulting a 16-year-old girl. Nicholas has been working as a survivor advocate for Rape Prevention Education.
See also
- New Zealand Police#Historic sexual misconduct