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Police inappropriately charged man falsely accused of sexual assault – IPCA

Published

3 years ago

May 7, 2024

An independent watchdog has found police inappropriately charged a man who was wrongly accused of attempting to sexually assault a woman viewing his rental property.

Within minutes of entering the rental property in Auckland in 2019, the woman locked herself in the bathroom and called police, alleging he had tried to assault her.

After interviewing the man at Avondale station, police charged him with the intention to commit rape and threatening to kill.

The Independent Police Conduct Authority (IPCA) found officers should have charged the man with a lesser offence, and that their investigation was inadequate.

It found the police were right to arrest the man while they investigated the allegations.

The IPCA report said police arrived at the house to find the woman “was visibly distressed, crying, shaking, and having trouble controlling her breathing” and said that she had a bruised and swelling right cheek.

She told the officers she was “very sore that she felt dizzy”, and claimed that the man had “pushed her onto a bed and asked for sex”.

The woman alleged the man had hit and punched her, ripped the buttons from her dress and threatened to kill her if she moved.

She told police she had locked herself in the bathroom and called 111.

The IPCA said that none of the officers observed any injuries on the woman and that the buttons on her dress were undone and pulled loose, but not torn off.

Meanwhile, the landlord was arrested for assault and taken to Avondale Police Station for questioning, after which the charges were laid.

The IPCA said the man accused raised several matters that should have caused police to doubt the veracity of the woman’s allegations.

Its report said the landlord had stayed at the scene calmly waiting outside when police arrived, was happy to speak to police, questioned the timing of the woman arriving at the rental and locking herself in the bathroom and told officers he suspected he was being set up by a person who had previously attempted to extort money and property out of him, and who had been charged with assaulting him.

The IPCA said at this point officers should have decided the woman’s claims at least warranted further investigation.

It said police could have charged the man with a lesser offence while assessing and investigating the information.

Instead, they charged him with threatening to kill and assault with the intention to commit rape.

Throughout the subsequent police investigation, the man, his legal representatives and others raised multiple points that cast doubts about the woman’s allegations.

“The allegations made by Ms Y were very serious, including sexual assaults, physical violence, and threats of further harm. However, in this case, Mr Z had raised several matters that should have raised concern to the veracity of Ms Y’s allegations,” the IPCA said.

The charges were inappropriate.

“Police could have charged Mr Z with a lesser offence, such as an assault, under the Crimes Act so that bail conditions could be imposed. This would have ensured the safety of Ms Y while allowing more time to assess and investigate the available information.”

It took police almost a year to review the timeline of events, and to extract data off the woman’s phone.

Charges withdrawn a year later

Just before the man’s trial was about to start, over a year later in February 2021, police withdrew the charges.

They found there was a connection between the woman and someone suspected of trying to extort property and money from the man she accused.

The IPCA found that if the police officer investigating the woman’s claims had requested more assistance from senior officers, “police would have concluded her claims were false much more quickly”.

“The time it took police to discover that Ms Y’s claims were false is aggravated by the fact that right from the day of his arrest, Mr Z put forward explanations and methods that police could have used to expose Ms Y’s claims as untrue, such as the issues with timing and the links between Ms Y and the person potentially extorting Mr Z,” the IPCA said.

The woman has since been charged with making false statements.

The IPCA said as a result of the charges and the length of time before they were withdrawn, the man and his family suffered significant financial, emotional, and reputational damage.

Police have acknowledged the man’s suffering, apologised and offered to pay his reasonable costs.

Auckland City District Commander Acting Superintendent Sunny Patel said police accepted the IPCA’s findings.

“If a more thorough assessment of the evidence had been carried out by police at the time, as required by the Solicitor-General’s prosecution guidelines, it is likely we would have discovered the woman’s allegations warranted further investigation.”

He said this meant the charges against the man were before the courts for significantly longer than they should have been.

Police reviewed the matter internally alongside the IPCA’s own separate investigation.

It had been managed as a performance issue with the staff involved and clear expectations had been set, Patel said.

VIA RNZ

Latest News

Police say person who fired gun at officers still at large

Published

2 days ago

November 12, 2026

News Staff

Police say a person who fired a gun at officers in Napier is still at large.

Eastern District Commander Superintendent Joel Lamb said Police tried to stop a vehicle in the Pirimai Area at about 10pm on Tuesday.

He said someone in the back seat pointed what was presumed to be a firearm at officers pursuing the vehicle.

“Staff have then heard two distinct gunshots as the firearm was discharged.

“Fortunately, neither of our officers were injured, and the patrol vehicle did not sustain any damage.”

He said hours later, the vehicle was seen travelling north on the Waikato Expressway towards Auckland.

Police seized the vehicle at an address in Manurewa, but they had not found the alleged offender.

Lamb said people who lived at the Manurewa address were engaging with Police.

He said Eastern District and Counties Manukau Police were making enquiries.

“Presenting a firearm at a Police officer is a serious escalation that puts our staff and the wider community at risk. This behaviour is entirely unacceptable.

“We are taking this incident extremely seriously and will be pursuing all lines of enquiry to locate the offender and hold them accountable.”

Police asked anyone who witnessed the incident to contact Police on 105 or online using the reference number 261111/3764.

Information could also be provided anonymously via Crime Stoppers on 0800 555 111.

rnz

Latest News

New Zealand sides named for RLWC finals

Published

3 days ago

November 11, 2026

News Staff

The players tasked with ending Australia’s Rugby League World Cup dominance have been named.

The Kiwis and Kiwi Ferns have announced their squads for this Sunday’s World Cup finals in Brisbane.

Both sides are chasing their first titles since 2008, and both are looking to end their opponents run of three crowns in a row.

“Our Kiwi Ferns have been so dominant in years gone by, and we want to bring dominance back to this jersey, so I think it will be a case of who wants it more,” said co-captain Georgia Hale of the impending clash.

The Kiwis get a major boost for the final as they welcome back Ronaldo Mulitalo after he served a one-match ban for a high tackle against Fiji Bati.

Mulitalo replaces Charnze Nicoll-Klokstad, who moves to the six-man bench, which again includes utility Te Maire Martin, middle forwards Naufahu Whyte, Erin Clark and Xavier Willison plus fullback Keano Kini.

Loose forward Joseph Tapine will make his 30th Test appearance in a familiar pack again, including second-rowers Isaiah Papali’i and Briton Nikora, and props James Fisher-Harris and Moses Leota.

Winger Jamayne Isaako is on the cusp of claiming the New Zealand record for most Test points.

His five goals against Tonga lifted his career points tally to 225 – level with Shaun Johnson – while centre Casey McLean goes into the final with 16 tries in just eight Tests.

Fisher-Harris will again captain the team.

Fullback Ponga said the goal of the group was clear.

“We have high expectations around what we want to achieve, and obviously winning a world Cup is one of them.”

Meanwhile, Ricky Henry has selected a settled side to take on the Jillaroos, led by their lethal centre combination of Stacey Waaka and Mele Hufanga.

Veteran Apii Nicholls takes the number one jersey, Leianne Tufuga and Mackenzie Wiki on the wings.

Henry has stuck with his halves pairing of Chantay Kiria-Ratu and Raecene McGregor with Alexis Tauaneai, Georgia Hale and Otesa Pule up front.

Rounding out the starting pack is Shaniece Monschau, Kaiyah Atai, and Angelina Teakaraanga-Katoa.

“We have been building well throughout the tournament; we understand the Jillaroos side, and will give it our all to make New Zealand proud this weekend,” said Henry.

RLWC Finals:

Kiwi Ferns vs Jillaroos- 6.10pm

Kiwis vs Kangaroos – 9.35pm

Sunday November 15

Suncorp Stadium, Brisbane

Live blog updates on RNZ

Kiwi Ferns:

1. Apii Nicholls 2. Leianne Tufuga 3. Mele Hufanga 4. Stacey Waaka 5. Mackenzie Wiki 6. Chantay Kiria-Ratu 7. Raecene McGregor 8. Alexis Tauaneai 9. Georgia Hale 10. Otesa Pule 11. Shaniece Monschau 12. Kaiyah Atai 13. Angelina Teakaraanga-Katoa.

Interchange: 14. Ashleigh Quinlan 15. Annessa Biddle 16. Shannon Mato 17. Ivana Lauitiiti.

Reserves: 18. Brooke Anderson 19. Zahara Temara 20. Brianna Clark 21. Abigail Roache 22. Tenika Willison.

Kiwis:

1. Kalyn Ponga, 2. Jamayne Isaako, 3. Dane Gagai, 4. Casey McLean, 5. Ronaldo Mulitalo, 6. Kodi Nikorima, 7. Jahrome Hughes, 8. James Fisher-Harris (c), 9. Jeremy Marshall-King, 10. Moses Leota, 11. Isaiah Papali’i, 12. Briton Nikora, 13. Joseph Tapine (v/c).

Interchange: 14. Te Maire Martin, 15. Naufahu Whyte, 16. Erin Clark, 17. Xavier Willison.

Reserves: 18. Keano Kini, 19. Phoenix Crossland, 20. Charnze Nicoll-Klokstad, 21. Scott Sorensen, 22. Leo Thompson.

rnz

Latest News

Parliamentary Service working on extra chairs and offices for increased number of MPs

Published

3 days ago

November 11, 2026

News Staff

The chief executive of the Parliamentary Service is confident there will be enough room to accommodate the increased number of MPs and their staff coming into Parliament.

On current numbers, up to 131 MPs could be sitting in the Chamber following the election, brought on by a record overhang result.

Clerk of the House of Representatives Dr David Wilson told the Spinoff that currently the debating chamber had enough chairs to seat 124 MPs – including the Speaker of the House – and work was being done to accommodate more by altering the seating arrangement.

In a statement, Parliamentary Service chief executive Rafael Gonzalez-Montero said planning for a larger Parliament had been going for “some time”.

“Now that the election results have confirmed an increase to the number of members we are looking at several options.

“We are confident we will be able to accommodate all members within the Chamber.”

Chief Executive of the Parliamentary Service Rafael Gonzalez-Montero appears before select committee. — Parliamentary Service chief executive Rafael Gonzalez-Montero.

VNP / Phil Smith

Gonzalez-Montero said office accommodation for members and their staff would be “stretched” for a short time, but the new Members’ Building was only a few months away from “practical completion”.

That building – located behind Parliament – was due to be ready to occupy in April next year and had capacity to accommodate around 30 backbench MPs.

“All members should be in fit-for-purpose accommodation from that point,” Gonzalez-Montero said.

Following the 2023 election, 123 MPs sat in the Chamber – a record number at the time. That decreased to 122 following the resignation of National MP Judith Collins.

Collins held the seat of Papakura and stepped down in May and Parliament voted against holding a by-election because it was too close to the election.

The election result also meant high-ranking National Party MPs like Chris Bishop, Paul Goldsmith, Nicola Willis and Gerry Brownlee – Speaker of the House and an MP for 30 years – would likely not make it back into Parliament.

Only resigning or retiring MPs were permitted to give a valedictory speech meaning none of them would get the chance to give a valedictory statement.

Asked if their would be special allowances for valedictories, Wilson said in a statement that normally only MPs were allowed to speak in the House but the House could suspend its own rules or temporarily alter them.

“It could do so to allow former members to address the House.”

Wilson said no such arrangements could be made until the next Parliament opened and members sworn in.

rnz