An Auckland man was “inappropriately” charged with serious sexual assault after officers conducted an “inadequate” investigation, the police watchdog has found.
The findings were part of an Independent Police Conduct Authority (IPCA) investigation looking into how officers handled an incident that saw a man falsely accused of a serious crime for more than a year.
The man’s ordeal began on October 25, 2019, while he was giving a woman a tour of a rental property he owned.
Five minutes after arriving at the property the woman locked herself in the bathroom and called 111, claiming the man had threatened and tried to sexually assault her, the IPCA noted.
Soon after police arrived the man was arrested. The IPCA found the arrest was justified as the officers “initially had good cause to suspect he had committed serious offences”.
The woman told police that after refusing to have sex with him, the man punched her in the face and head several times, tried to remove her underwear, ripped the buttons from the front of her dress, and threatened to kill her.
This was despite none of the officers observing any visible injuries on the woman, the IPCA noted. The watchdog also noted the buttons on her dress had been undone and pulled loose — but not ripped off. The woman had also refused to see a doctor.
The man was taken to Avondale Police Station where he was interviewed by a trainee detective.
The police watchdog said that during the interview the man raised several points that should have caused the police to question the veracity of the woman’s statement. The man told the officer there was insufficient time to commit the alleged crimes based on the short timeline provided by the woman.
He also believed he could have been “set up” by a man previously charged with assaulting him — who the woman was possibly linked to.
The IPCA also found the man had cooperated with officers, calmly waiting outside when they arrived and openly speaking to them. He also showed no resistance while being arrested.
The watchdog said: “If a more thorough assessment was completed of the available evidence, it is likely Police would have discovered the woman’s claims at least warranted further investigation.
“Police could have charged the man with a lesser offence while assessing and investigating the information.”
Instead, he was charged with threatening to kill and assault with the intention to commit rape.
The IPCA said that throughout the investigation, the man’s lawyers and others raised multiple points, casting doubt on the woman’s allegations. Police took almost a year to review the timeline of events and extract data from the woman’s phone.
Just as the man was set to go on trial, police found “inconsistencies” in her story and revealed she was linked to a man trying to extort the man for property and money.
Following the discovery, his charges were withdrawn. The man remained before the courts for 469 days after the charges had first been filed.
As a result, the man and his family suffered “significant financial, emotional, and reputational damage”.
The woman was charged with making false statements. However, the charge has since been withdrawn.
In its investigation analysis, the IPCA said that while initial steps were “orthodox and appropriate”, the “shortfalls in the investigation were the subsequent thoroughness and timeliness of collecting and assessing the evidence and a lack of supervisory oversight”.
“The time it took Police to discover that [the woman’s] claims were false is aggravated by the fact that right from the day of his arrest, [the man] put forward explanations and methods that Police could have used to expose [the two woman’s] claims as untrue.
“Such as the issues with timing and the links between [the woman] and the person potentially extorting [the man].”
“It said that if the investigating officer had requested more help from his seniors, then police could have concluded the woman’s claims were false much sooner.
“Police should have conducted a more thorough ongoing assessment of the evidence as required by the ‘Adult Sexual Assault Investigation’ policy.”
The IPCA recommended police engage with the man and negotiate compensation for the time he spent accused.
Police respond to findings
Acting Superintendent Sunny Patel said police acknowledged and accepted the IPCA’s findings.
“While the initial arrest at the scene was justified, we accept the findings around the subsequent assessment and supervision of the case.
“If a more thorough assessment of the evidence had been carried out by Police at the time, as required by the Solicitor-Generals’ Prosecution Guidelines, it is likely we would have discovered the woman’s allegations warranted further investigation.”
“This ultimately meant the charges against the man were before the Courts for significantly longer than they should have been,” Patel said.
Patel also said police apologised to the man in person. Patel also admitted there was a lack of oversight and guidance by relevant supervisors during the investigation.
“This has been managed as a performance issue with the staff involved, and clear expectations have been set moving forward.”