News (Media Awareness Project) - New Zealand: QC Faults Probe Into Tattoo Tale |
Title: | New Zealand: QC Faults Probe Into Tattoo Tale |
Published On: | 2003-09-09 |
Source: | New Zealand Herald (New Zealand) |
Fetched On: | 2008-01-19 14:17:22 |
QC FAULTS PROBE INTO TATTOO TALE
A Queen's Counsel has criticised as "superficial" a Police Complaints
Authority report of a case in which police changed identification
details that resulted in a man being charged with a drug offence.
Donald Stevens said the authority had not done its own investigation
but simply reviewed "unobjective" police investigations into the matter.
The authority, Judge Ian Borrin, had failed to critically examine the
police explanation of how an undercover detective's description of a
drug offender's tattoo came to be changed to match that of Dannevirke
freezing worker Craig Withey.
"Had it done so it would have revealed the many flaws in the
explanation. When it was critically scrutinised in ... a High Court
trial, the jury rejected the police explanation," said Dr Stevens, who
represented Withey.
"The police administration, anxious to uphold the integrity of the
police and the undercover drug programme, has not been in a position
to objectively consider the issues. There can be no confidence in
their investigation.
"Unfortunately, where the authority simply reviews the police
investigation, the risk is that the hard questions will not be asked."
In his report, Judge Borrin said he was unable to decide whether the
actions of the two policemen involved were "gravely improper" or a
"mismanaged correction".
Police dropped a charge of manufacturing cannabis oil against Mr
Withey and settled his damages claim out of court.
A Queen's Counsel has criticised as "superficial" a Police Complaints
Authority report of a case in which police changed identification
details that resulted in a man being charged with a drug offence.
Donald Stevens said the authority had not done its own investigation
but simply reviewed "unobjective" police investigations into the matter.
The authority, Judge Ian Borrin, had failed to critically examine the
police explanation of how an undercover detective's description of a
drug offender's tattoo came to be changed to match that of Dannevirke
freezing worker Craig Withey.
"Had it done so it would have revealed the many flaws in the
explanation. When it was critically scrutinised in ... a High Court
trial, the jury rejected the police explanation," said Dr Stevens, who
represented Withey.
"The police administration, anxious to uphold the integrity of the
police and the undercover drug programme, has not been in a position
to objectively consider the issues. There can be no confidence in
their investigation.
"Unfortunately, where the authority simply reviews the police
investigation, the risk is that the hard questions will not be asked."
In his report, Judge Borrin said he was unable to decide whether the
actions of the two policemen involved were "gravely improper" or a
"mismanaged correction".
Police dropped a charge of manufacturing cannabis oil against Mr
Withey and settled his damages claim out of court.
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