Shipton confesses at last

Sunday, 1 June 2008

Brad Shipton has made a shock rape confession, admitting for the first time his part in a violent pack-rape of a Mt Maunganui woman in 1989.

The stunning admission has cast doubt on the safety of the acquittals in the Louise Nicholas rape trial, prompting calls for a retrial although legally that cannot happen.

In an explosive Parole Board decision released yesterday, Shipton said his whole life had been 'full of disgraceful, disgusting behaviour' and he knew he had ruined his victim's life. He said he was sorry for what she had been through.

He was jailed for 8½ years for the rape in 2005 and his admission came during his first parole hearing last month.

'He confirmed that he did not ask the complainant if it was OK to have sex with her or for more than one person to have sex with her and that wearing the police uniform was despicable,' the Parole Board decision said.

'He acknowledged he should not have put her in that position and he should not have taken his colleague Mr Schollum along with him. He acknowledged that she was possibly intimidated by them.

'He said looking back on his whole life, which he has reflected on since being in prison, has been full of disgraceful, disgusting behaviour.'

Shipton became increasingly emotional as the hearing progressed and the board asked him numerous questions.

'His answers seemed to confirm all the ingredients of a rape… in the board's unanimous opinion, what he described of the event was… one of rape,' said the decision.

Shipton and others including another former policeman Bob Schollum lured the then 20-year-old woman to a surf lifesaving tower, where she was pack raped. The woman, whose name has been permanently suppressed, was yesterday 'furious' at the admission. It meant 'absolutely nothing', she said.

'It's 18 years too late. I want him to stand in front of me and tell me.'

Louise Nicholas was yesterday pleased Shipton had finally told the truth but hoped his confession was genuine and not a 'blatant ploy for early release'.

She hoped that if the law allowed it, former police assistant commissioner Clint Rickards, Schollum and Shipton should be re-tried in her case.

When asked if she took Shipton's 'disgusting, despicable life' remark as an admission he had raped her, Nicholas said it would be great if he 'would come forward and say `yes, I did hurt you and these other women and I am serving my sentence''.

She said she would consider facing Shipton in a restorative justice session.

'If he was genuine in his admission and it would help him see the error of his ways and he honestly wants to be helped, yes, I would face him and say to him, you hurt me, my family… come clean, get it off your chest… if that saves him from coming out of jail and returning to his old ways, then great.'

Nicholas had a message for Shipton's co-accused in the Mt Maunganui case Schollum, Peter McNamara and Warren Hales: 'Find the guts yourself guys.'

The board has adjourned its decision about Shipton's parole, saying it is not satisfied he is not a risk to the community. It has asked for a second psychological assessement.

'We are very aware that this is his first conviction but the judge's sentencing notes have highlighted aspects of violence, intimidation, pre-planning and corruption. We would like those aspects to be confronted and analysed in the light of the position that Mr Shipton has now taken.'

The decision said restorative justice was a possibility.

Until now, the former cop and his co-accused have maintained their innocence.

Shipton and Schollum were jailed for the rape when the victim came forward because of publicity surrounding the Louise Nicholas case.

In 2004, the Dominion Post published Nicholas's allegations that she was raped by Shipton, Schollum and Rickards in Rotorua in the mid 1980s.

The trio were acquitted of those charges in 2006 and acquitted of indecently assaulting and kidnapping another woman in a 2007 trial. Rickards quit the police last November. 

In the Mt Maunganui case, Schollum was jailed for eight years. McNamara was jailed for seven years and was freed in January. Lifeguard Hales, admitted abducting the victim and was jailed for 18 months.

In sentencing Shipton and Schollum in 2005, the judge said they were corrupt police officers whose arrogance knew no bounds.

Rickards could not be contacted yesterday but his trial lawyer, John Haigh QC, said Shipton's confession had 'no impact whatsoever on Mr Rickards' acquittal' in the two cases in which he was tried with Shipton and Schollum.

'He of the three was the only one to give evidence in his defence, he was the only one prepared to commit himself… to put himself in the position to be cross-examined.'

Asked if Shipton's confession cast doubt on the Nicholas verdicts, he said: 'All I know is that on the evidence there is little doubt that Mr Rickards was properly acquitted.'

Bob Schollum's lawyer Michael Bott said any calls for the Nicholas case to be re-examined were a nonsense.

'It's completely inappropriate. She has had her day in court and [Schollum] was acquitted.' 

Yesterday, criminal law expert Jonathan Krebs said the men could not be re-tried on the Nicholas charges. It appeared the only avenue open to her was a civil action, where the burden of proof was lower.

Shipton's wife Sharon could not be contacted yesterday. The Star-Times understands she was at the Parole Board hearing and is distraught at her husband's revelations. It is understood they have separated the Parole Board said while she still supported him, she would not be 'offering him accommodation' if he was released.

Conditions of co-accused Peter McNamara's parole prevent him or anyone from speaking to media on his behalf.

Warren Hales said 'no comment' and Shipton's brother Greg said the family was 'dissappointed' but would not comment on whether it was the ruling they expected. Greg said all they wanted was for his brother to come home. 'That's what I want and what should happen, but we will just have to wait our turn, won't we?'

Shipton's revelations come just two months after Schollum was denied parole that decision raised concerns he held the same arrogant views as at the time of the rape. He was yesterday granted a re-hearing of that decision, with the Parole Board saying a technicality in the wording of the decision had been discovered. That decision will be released Tuesday and the hearing held as soon as possible.

* Additional reporting Leigh van der Stoep