Four complaints made about former National MP accused of child sexual abuse

Wednesday, 18 September 2024

Four complaints were made to police about a former National MP Anthony “Aussie” Malcolm before his death, police have confirmed.

Stuff earlier revealed Malcolm was subject to least three police investigations into alleged child sexual abuse before he died recently in Whangārei, aged 83, following what his family described as a short illness.

The police officer who investigated the first allegations told Stuff he believed the complainant, but there wasn’t enough evidence to lay charges.

Four complaints were made to police about a former National MP accused of child sexual abuse before his death, police have confirmed.

Stuff earlier revealed Anthony “Aussie” 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 Wednesday, Detective Inspector Shona Low, relieving Director of the National Criminal Investigations Group confirmed to Stuff there have been four complaints police were aware of relating to investigations into Malcolm.

On Tuesday, Police Commissioner Andrew Coster told media there were two active investigations that were looking into complaints about Malcolm at the time of his death.

“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 first investigation into Malcolm was launched in 1992, and looked into allegations a teenager was violated by Malcolm in the three years prior. It did not result in any charges - a decision the complainant believes was influenced by the gold Maserati-driving former politician’s power and influence.

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

Then, in 2012, a 10-year-old boy told his mother he’d been sexually assaulted by the ex-Cabinet minister about a year earlier, and police were notified. Again, no charges were laid.

Years later, both complainants 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 during the Commission of Inquiry.

David Pearson, the detective who led the first investigation into Malcolm, told Stuff on Monday he believed the complainant, and thought there would be others, but there wasn’t enough evidence to lay charges.

Malcolm denied the sex abuse allegations when interviewed - and later made a lengthy complaint to the Independent Police Conduct Authority 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.

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

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.

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.