Cops charged after allegedly influencing victim in sex case
Friday, 22 March 2024
The Criminal Cases Review Commission referred a case back to the High Court after concerns a miscarriage of justice had occurred.
The man had been convicted in 2015 for committing indecent acts, but has since had his convictions quashed.
Now two police officers have been charged.
Two police officers have been charged with perverting the course of justice after the Criminal Cases Review Commission raised issues about a police officer’s actions in allegedly influencing a victim in a sex case.
That man has since had his convictions quashed, acquittals entered and granted permanent name suppression by the High Court.
Court documents seen by Stuff show two men, one whose occupation is listed as as police officer, have been jointly charged with attempting to pervert the course of justice in 2013.
They entered not guilty pleas on Friday and were granted interim name suppression.
Detective Superintendent Dave Lynch said police acknowledged the recent High Court judgment determining a miscarriage of justice occurred.
“After taking independent legal advice, police has decided to file charges of wilfully attempting to pervert the course of justice against two officers involved in the case. One officer is no longer serving and the other officer is also subject to internal employment processes.”
Lynch said police were limited on commenting given the active criminal proceedings.
Earlier this year the Criminal Cases Review Commission (CCRC), Te Kāhui Tātari Ture, referred the case back the High Court as it had serious concerns about the omission of crucial information when deciding to charge the man along with identification evidence used to convict him.
The person was convicted in 2015 for committing indecent acts against the same woman.
“The investigation has concluded that, following the first formal identification procedure the victim was given an indication as to who the suspect was,” Chief Commissioner Colin Carruthers KC said in January.
“The commission considers this tainted the second formal identification procedure, and the evidence should not have been admitted at trial.”
The CCRC was launched in 2020 and looks at cases in which someone says they have been wrongfully convicted of a crime, and have often spent years in prison.
The role of the CCRC is to review potential miscarriage of justice cases and refer appropriate cases back to an appeal court.