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IPCA finds investigation into an alleged sexual assault at Auckland
property viewing inadequate
(HTM) Source
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Police accept they incorrectly charged a man with a serious sexual
assault during a property viewing after a lengthy botched
investigation.
The Independent Police Conduct Authority (IPCA) found the
investigation into an alleged sexual assault at an Auckland property
viewing in October 2019 was inadequate.
Police were called by a woman who had locked herself in the bathroom
during a rental property viewing, and was claiming she had been
threatened and sexually assaulted by the man hosting the viewing.
The man was taken into custody and interviewed at the Avondale Police
Station.
The IPCA found the arrest to be justified as police initially had good
cause to suspect he had committed serious offences, but the following
investigation and charges were inadequate.
"While being interviewed by a trainee detective at Avondale Police
Station, the man raised several matters that should have caused police
to question the veracity of the woman's statement.
"The woman told police that, after refusing to have sex with the man,
he punched her several times in the face and head, tried to remove her
underwear, ripped the buttons from the front of her dress, and
threatened to kill her.
"We note that none of the officers observed any injuries on the woman
and that the buttons on her dress were undone and pulled loose, but
not torn off," the IPCA said.
The man told police he believed he was being set up by someone who had
previously attempted to extort money and property out of him, and who
had been charged with assaulting him.
The IPCA found if a more thorough assessment was completed police
would likely have discovered the woman's claims at least warranted
further investigation.
Instead, the man was charged with threatening to kill and assault with
the intention to commit rape, and these charges remained in place
until February 2021 before being withdrawn.
"Police could have charged the man with a lesser offence while
assessing and investigating the information," the IPCA noted.
Throughout the police investigation, the man, his legal
representatives and others raised multiple points that cast doubts
about the woman's allegations.
It took police almost a year to review the timeline of events and to
extract data from the woman's phone, and overall the charges against
the man remained before the courts for 469 days.
Just before the man's trial was about to start, police identified the
inconsistencies in the woman's statements, and established a
connection between the woman and the person the man suspected was
attempting to extort property and money from him.
The charges against the man were withdrawn and the woman was
subsequently charged with making false statements, but these charges
have since been withdrawn.
Acting Superintendent Sunny Patel said police acknowledged the man and
his family suffered significant financial, emotional, and reputational
damage, and accepted the IPCA's findings.
"While the initial arrest at the scene was justified, we accept the
findings around the subsequent assessment and supervision over the
case."
"If a more thorough assessment of the evidence had been carried out by
police at the time, as required by the Solicitor-Generals' Prosecution
Guidelines, it is likely we would have discovered the woman's
allegations warranted further investigation."
"This ultimately meant the charges against the man were before the
Courts for significantly longer than they should have been," Patel
said.
Patel said a comprehensive review found there was a lack of oversight
and guidance by the relevant supervisors, which should not have
occurred.
"This has been managed as a performance issue with the staff involved
and clear expectations have been set moving forward."
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