Cop believed teen who alleged former politician sexually abused him

Tuesday, 17 September 2024

The detective who led the first investigation into child sex abuse allegations about former National Party minister Anthony “Aussie” Malcolm says he believed the complainant, but there wasn’t enough evidence to lay changes.

David Pearson’s 1992 investigation was one of at least three into allegations about Malcolm before he died recently in Whangārei, aged 83, following what his family described as a short illness.

Pearson, who is now retired, said he wasn’t surprised to hear of other allegations about the ex-politician.

The detective who led the first investigation into child sex abuse allegations about a former National Party minister says he believed the complainant, and thought there would be others, but there wasn’t enough evidence to lay charges.

David Pearson, who’s since retired from policing, was working out of a station in Newmarket, Auckland in 1992 when an 18-year-old alleged he’d been repeatedly sexually assaulted by Anthony “Aussie“ Malcolm in the three years prior.

The teenager, who we’ll call Brett, said the first incident happened at a Kaipara prawn farm owned by the high-flying, Maserati-driving former Cabinet minister in late 1989, but couldn’t be sure of the exact date.

He was due to turn 16, the age of consent, about that time.

Pearson told Stuff he believed Brett, but was unable to pinpoint exactly when the incident occurred, and so couldn’t be sure if he was under age.

In order to lay charges, he therefore had to prove the acts were non-consensual.

Malcolm denied the sex abuse allegations when interviewed - and later made a lengthy complaint to the Independent Police Conduct Authority (IPCA) about his treatment by police.

With no witnesses or other evidence to corroborate the teen’s complaint, the decision was made not to proceed with a prosecution, Pearson said.

He described Malcolm as “intelligent and manipulative”.

'It was a hard investigation, he used every ploy he could to try and divert me from what I was doing.

“I did everything I could. Nothing more could be done at that time. I had one complaint to act on. If there had been any evidence, I would've arrested him.”

Pearson’s investigation was one of at least three into allegations about Malcolm before he died recently in Whangārei, aged 83, following what his family described as a short illness.

In 2012, a 10-year-old boy, who we’ll refer to as Nathan, told his mother he’d been sexually assaulted by Malcolm about a year earlier, and police were notified. Again, no charges were laid.

Years later, both Brett and Nathan made statements to the Royal Commission of Inquiry into Abuse in Care about the abuse they said Malcolm had inflicted on them.

In July, the pair were contacted separately by a senior Northland detective who said he was leading an investigation into the allegations they’d raised with the Commission.

It was one of two active investigations that were looking into complaints about Malcolm at the time of his death, Police Commissioner Andrew Coster said on Tuesday afternoon at a media conference held to talk about an operation targeting the Comanchero gang.

“Exactly where those will go now in light of Mr Malcolm's death obviously that becomes more challenging, we can't bring a criminal prosecution but we are assessing the options there,' Coster said.

The IPCA (then the PCA) examined the 1992 police investigation, and was satisfied with the outcome, he said.

A media advisor stopped Stuff from asking Coster how many complaints police had received about Malcolm over the years.

Pearson said the 1992 investigation had stuck with him, and he was not surprised to hear further allegations had emerged about the former politician.

'I had no doubt at that time there would be some others.

'That sort of thing is not a one-off act.'

Brett previously told Stuff he was frustrated his complaint to police didn’t result in charges - a decision he believed was influenced by the power Malcolm wielded.

“I wanted him to be arrested. [The alleged offending] could’ve stopped. We could’ve protected … other boys by exposing him back in the day.”

In July 2021, private investigator Clinton Bowerman wrote to then Prime Minister Jacinda Ardern suggesting the 1992 investigation may have been “influenced” or “shut down” by a man (not Pearson) who he believed was employed by police in a senior role at the time.

“[Police] attempted to charge and prosecute Mr Malcolm but the investigation into complaints of sexual violation were suppressed by higher authority and judicial ineptitude,” Bowerman said in his letter, seen by Stuff.

He asked that Ardern notify the Attorney General of Malcolm’s alleged offending and “encourage police at this late stage to conclude the investigation [into the allegations]”.

A staffer from Ardern’s office responded, saying she was “not able to become involved” with the case, and recommended the private investigator take the information to police.

Pearson said no-one interfered with his investigation into the sex abuse allegations about Malcolm.

“Any thought that there was any collaboration or cooperation between police and Aussie Malcolm you can throw out the window. There was nothing holding me back in terms of anyone saying you should or shouldn't be doing anything at all this way.

'I had an open book to investigate it like any other investigation.”

Brett’s mother told Stuff she thought Malcolm - a family friend at the time of the 1992 complaint - was an “evil man”.

'He thought he could do anything. He was the honourable Aussie Malcolm.'

She said she was “frustrated and angry” Malcolm was never charged, but the police who investigated her son’s allegations “did a really good job”.

Police Commissioner Andrew Coster confirmed there were two active investigations into former National Party minister Anthony “Aussie” Malcolm at the time of his death.

Stuff earlier revealed Malcolm was at the centre of at least three police investigations into alleged child sexual abuse before he died recently, aged 83, following what his family described as a short illness.

On Sunday, Prime Minister Christopher Luxon said he was “completely unaware” of the “very serious allegations” Malcolm faced before Stuff first reported them on Saturday.

On Monday, a Labour Party spokesperson said they had no information to suggest Bowerman’s letter to Ardern in 2021 had been forwarded to any other political party.

Bowerman told Stuff he was an advocate for several people who’d made complaints to police about Malcolm, and had supported them through the Royal Commission of Inquiry.

He said he believed the system had let them down.

“If [their complaints] had been investigated properly at the time we wouldn’t be in the situation we’re in now.”

A member of Malcolm’s family declined to comment when contacted by Stuff on Monday.

Malcolm served in the Muldoon Government, working as a Cabinet minister with varied portfolios - including railways, health and immigration.

He had come to Parliament after training as a social worker and then ran an advertising company. Post-Parliament, he turned his passion for yachting into a fourth career, managing New Zealand’s first challenge for the America’s Cup.

Born in Australia, Malcolm moved to New Zealand as a child and attended Wellington College where his classmates nicknamed him 'Aussie“. The name stuck with him his whole life.

In 1975, Malcolm defeated Labour’s Mike Moore to win the Eden electorate for the National Party, a seat he would hold for three terms.

His political career came to an end in 1984, when Labour reclaimed the seat in a landslide election.

His work as a director of New Zealand’s first America’s Cup campaign saw the team secure the largest sporting sponsorship of the time, bringing in millions to fund the team.

Malcolm remained involved in yachting, and was a member of the Royal New Zealand Yacht Squadron for more than 40 years.

He also went on to pursue a diverse range of business ventures.

He founded the immigration consultancy Malcolm Pacific, and co-founded the country’s biggest diving company Dive! Tutukaka, in Northland. Malcolm ceased being a director and shareholder of the business more than a decade ago.