Teina Pora: Police continued to seek evidence to 'get him at all costs'
Friday, 17 June 2016
Police continued to seek evidence against Teina Pora in what has been described as a campaign to 'get him at all costs', a Stuff investigation can reveal.
As one example of behaviour described by Pora's defence as 'myopic', one of the police's most senior officers said that the 41-year-old remains guilty of the crimes against Susan Burdett.
Detective Superintendent Andy Lovelock - who holds the Burdett homicide file - told Stuff's investigative team in a phone conversation on June 3: 'The police position is that Teina Pora is a co-offender with Malcolm Rewa. That hasn't changed.'
By then, police had a copy of the report which has declared Pora innocent.
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A spokesperson for the police confirmed Police had a copy of the report when Lovelock made his comment, but defended the comment by saying that at the time he said it, it was consistent with the police's public position.
'To do otherwise would have breached the confidentiality of Hon Hansen's report,' said the spokesperson.
Before the spokesperson issued the statement clarifying the Lovelock comment, Tim McKinnel, the private investigator who led Pora's innocence bid, believed the comment displayed 'stunning arrogance' and was 'devastating to hear'.
On being told of the police explanation for Lovelock's comment, McKinnel said 'that might be the official Police position but Hansen's report didn't provide any evidence they weren't aware of.
'The report didn't change the state of the evidence'.
He also revealed that as recently as four months ago the police contacted a witness on his deathbed. The man had given an affidavit in support of Pora and McKinnel says police tried to talk to him about his evidence.
WHAT THE HANSEN REVIEW FOUND
This week, after a year-long review by retired High Court Judge Rodney Hansen QC, Cabinet ruled that Pora would be paid compensation of $2.5m.
In order to be eligible for compensation Pora was required to prove on the balance of probabilities that he was innocent of the 1992 rape and murder of Susan Burdett.
Hansen went further, saying 'the state of the evidence is such that, in my view, he could have proved his innocence to an even higher standard'.
His report raised 'major concerns' about the investigation including a 'lack of professional detachment' and of causing unjustifiable delays which added to the time it took to clear Pora's name.
The revelations suggest the police - or at least some of them - have been reluctant to accept his innocence.
Lovelock made his comment in the context of a conversation about an Official Information Act request made by Stuff. He was arguing that Pora was entitled to information that the media was not, because 'he is a co-offender'.
Hansen's report declaring Pora innocent was concluded in March and handed to the Government and defence soon afterwards. It was not made public until Wednesday when Cabinet announced the compensation decision.
The pursuit of Pora appears to have been relentless, with detectives seeking new evidence right up until the case went to the Privy Council in late 2014.
Then, in February this year, on hearing one of the witnesses who assisted Pora's case was dying 'the police approached him to see if he wanted to change his evidence', McKinnel says.
'It was at the time when the case was in the hands of Justice Hansen. They had all the evidence pointing towards Teina's innocence in their hands. And yet here they are approaching a man who they knew was dying - and did die soon after that - to see if he would change his evidence. That to me says everything you need to know'.
The witness' evidence concerned the claimed association between Rewa, Pora, and himself (which supported the police position that Malcolm Rewa took Teina Pora with him to commit the crimes against Susan Burdett). The witness denied any such association.
Reacting to the statement by Lovelock before the police statement was issued, McKinnel said: 'It's stunning arrogance. Mr Lovelock would have been in receipt of the Hansen report at that time, so for him to say that….is outrageous. It's kind of devastating to hear that's still their view. It's disgusting'.
Asked what could explain the purported police position, McKinnel responded 'You'll have to ask them that. It's inexcusable, it's unacceptable and I don't know on what possible basis any objective person could hold that view'.
COMMENT 'NOT CURRENT POLICE POSITION'
The police statement to Stuff, this week, said Lovelock's comment 'is not the current police position in light of the Hansen report'.
A spokesperson said: 'Police accept Hon Hansen's view that Mr Pora's version of events regarding the rape and murder of Susan Burdett made in his confessions cannot stand up to critical scrutiny. NZ Police have apologised to Mr Pora for deficiencies in the original investigation'.
They also defended approaching the witness on his deathbed earlier this year. 'There was nothing inappropriate in Police seeking to speak with a person who came to notice during the Susan Burdett murder investigation. Police understood this person to be unwell and therefore it was appropriate to seek any further relevant information, if possible, at this time'.
McKinnel disagreed. 'The police have been 'myopic and unreasonable. They have set about trying to get Teina at all costs and justice is incidental'.