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RNZ News
2 days ago
- General
- RNZ News
Judge reserves decision on injunction on Jevon McSkimming investigation
Former Deputy Commissioner Jevon McSkimming. Photo: Getty Images A High Court judge has reserved her decision on whether the media should be allowed to report the nature of the allegedly objectionable material found on former deputy commissioner Jevon McSkimming's work computer. McSkimming resigned as the country's second most powerful cop last month amid a four-month investigation by the Independent Police Conduct Authority and police. His resignation came after Police Minister Mark Mitchell said he was recently informed of allegations of a "very serious nature", separate to the investigation that led to him being suspended. RNZ earlier revealed pornography found on McSkimming's work computer is being investigated as alleged objectionable material. He declined to comment on the allegations through his lawyer. His lawyer Linda Clark was earlier granted a rare "superinjunction" by Justice Grau that prohibited reporting the nature of the allegedly objectionable material, as well as the existence of the injunction itself. A teleconference was then held by Justice Gwyn from the High Court at Wellington to discuss the injunction with Clark, the police, and legal counsel for RNZ, Stuff and NZME. Following the conference, the order prohibiting publication of the nature of the allegedly objectionable material was continued, but the order prohibiting the existence of the injunction was not continued, meaning RNZ could report the fact of McSkimming's application and the interim result. On Tuesday, a hearing was held in the High Court at Wellington before Justice Karen Grau in relation to the injunction. RNZ, NZME and Stuff were jointly represented by Robert Stewart KC. McSkimming's lawyer, Linda Clark, began proceedings by telling the court she was seeking orders extending the current interim orders prohibiting media from disclosing the nature of the allegedly objectionable material reportedly found on his work device or devices. The order was sought until further orders of the court. Clark alleged information deemed "essential" to the investigation had been leaked to the media who were intending to publish the information. She said the orders sought were necessary to protect the rights of someone who is subject of an ongoing police investigation and who may yet be charged with a criminal offence. The information gathered during the police investigation was "confidential", she said. In relation to public interest, she said there was already information in the media about McSkimming. She said the public interest would be served in the event he was charged and stood trial. McSkimming was on notice that the police investigation was into material purportedly found on his devices. He had been told he would be invited to a formal interview, however, no request has been received to date. A police document, classified as "confidential", would be "the centrepiece of any criminal prosecution," Clark said. "It's on the basis of that information that the police can decide whether to continue the investigation, whether to look further and whether to charge, and what to charge." She said there was also an issue in terms of privacy, and said a person under criminal investigation, prior to being charged, has a reasonable expectation of privacy in respect of information relating to the investigation. Clark said she was trying to "preserve Mr McSkimming's rights to engage the Criminal Procedure act if and when he's charged". She said that every time police had provided some substantive piece of information to McSkimming it had appeared within the media "in a day or two days without exception". Clark said there was public interest in McSkimming's situation. She said public interest had been served to date. "If he is charged... there will be further opportunity for media to publish more information on charges themselves and during and after any trial," she said. "But publication now of any more information about the nature of the objectionable material found on his computer will cause serious and irreversible harm." It would harm his reputation, curtail his ordinary rights under the Criminal Procedure Act, and in the event he was charged and elected trial by trial, it could impact his chance of trial by jury. "At this time he's still an innocent man who is entitled to all of the protections of a fair trial and the right to seek suppression orders." Stewart KC said a memorandum from police said they were still investigating, and no charging decision had been made. He said there was two sorts of harm that could be considered, one of which was harm to the police investigation. He said the police had no concern that further disclosure of the material would impact their investigation, or impact their decision whether or not to charge. In relation to right to a fair jury trial, Stewart KC said juries can be trusted to obey judicial directions about only dealing with the charges based solely on the evidence and to ignore pre-trial publicity. In relation to privacy, Stewart KC said McSkimming was "quite clearly" a public figure. "There is a huge public interest in these investigations into Mr McSkimming's abrupt resignation from office, first working day after he had been provided with the material by the Public Service Commission." In an affidavit, McSkimming said he resigned because he didn't want the Prime Minister or anyone else having to see what was in the reports. "The only fair way of summarising it is he jumped before he was pushed," Stewart KC said. "The public have a right to understand a little bit more about the nature of the material that led to that." Stewart KC said his clients submitted that if the interim restraint should be continued, then "matters should be left to take their course, if there is to be any restraining at all, it should be as limited as possible for as short as possible." Crown prosecutor Stephanie Bishop, appearing for police, told the court that police did not oppose the application.
RNZ News
2 days ago
- General
- RNZ News
Media fight injunction on details about Jevon McSkimming investigation
Jevon McSkimming. Photo: Getty Images The High Court is set to hear arguments about whether the media should be allowed to report the nature of the allegedly objectionable material found on former deputy police commissioner Jevon McSkimming's work computer. McSkimming resigned as the country's second most powerful cop last month amid a four-month investigation by the Independent Police Conduct Authority and police. His resignation came after Police Minister Mark Mitchell said he was recently informed of allegations of a "very serious nature", separate to the investigation that led to him being suspended. RNZ earlier revealed pornography found on McSkimming's work computer is being investigated as alleged objectionable material . He declined to comment on the allegations through his lawyer. His lawyer Linda Clark was earlier granted a rare "superinjunction" by Justice Grau that prohibited reporting that disclosed the nature of the allegedly objectionable material, as well as the existence of the injunction itself. A teleconference was then held by Justice Gwyn from the High Court at Wellington to discuss the injunction with Clark, the police, and legal counsel for RNZ, Stuff and NZME. Following that conference, the order prohibiting publication of the nature of the allegedly objectionable material was continued - but the order prohibiting the existence of the injunction was not continued, meaning RNZ could report the fact of McSkimming's application and the interim result. On Tuesday, a hearing will be held in the High Court at Wellington in relation to the injunction. RNZ, NZME and Stuff will be jointly represented by Robert Stewart KC. The IPCA earlier announced it was investigating allegations of misconduct by McSkimming following a complaint from a member of the public . It is also conducting an investigation into if there was misconduct or neglect of duty by any other police officers or employee in responding to the allegations. Police Commissioner Richard Chambers said in an earlier statement that he appreciated that the resignation of McSkimming raised questions, but said the criminal investigation couldn't be "compromised by commenting on the circumstances of it at this point". "However, I can say that I have always made it very clear that trust and confidence in police is a top priority for me as commissioner," Chambers said. "I take very seriously anything that puts trust and confidence and the reputation of police at risk and will act to address it." McSkimming's resignation came after Police Minister Mark Mitchell said he was recently informed of allegations of a "very serious nature", separate to the investigation that led to him being suspended. Mitchell said McSkimming resigned before he could be dismissed. He did not say what the allegations were. Mitchell said the Policing Act was "very clear". "A deputy commissioner of police must be a 'fit and proper' person. They are rightly held to the highest standards of conduct and this new information called into serious question Mr McSkimming's fitness for office. "When Mr McSkimming was invited to respond to these allegations he chose to resign. Mr McSkimming's resignation has confirmed my view that his continuation in the role was untenable." Sign up for Ngā Pitopito Kōrero , a daily newsletter curated by our editors and delivered straight to your inbox every weekday.
RNZ News
2 days ago
- General
- RNZ News
Inquest into the death of LynnMall knife attacker Ahamed Samsudeen to begin
Photo: 2021 Getty Images / NZ Herald / Greg Bowker An inquest into the death of Ahamed Samsudeen, the man shot dead by police after stabbing shoppers at an Auckland supermarket in 2021 , begins on Tuesday. LynnMall's Countdown supermarket was one of the few stores open on 3 September, 2021, with Auckland in lockdown due to Covid-19. That afternoon it would become the scene of a terror attack. Samsudeen, who had been tailed by surveillance officers for the past seven weeks, took a knife from a supermarket shelf and stabbed six people. Another was injured trying to stop the attack. Moments later Samsudeen was dead, shot 12 times by police. In the years since, Samsudeen's history and the moments leading to his death have been scrutinised and analysed in multiple reports and investigations. But the latest, a coronial inquest set for the next five weeks, will cover previously unheard details of the shocking attack. Legal arguments will begin on Tuesday, followed by evidence from eyewitnesses and experts over the following days and weeks. The officers who killed Samsudeen will not give evidence, having already been investigated by the Independent Police Conduct Authority in 2022. Coroner Marcus Elliott set the scope for the inquest last year, ruling it would cover Samsudeen's path to extremism, his management in the community, and what happened on the day he died. Samsudeen had been monitored since 2015 and was arrested at Auckland Airport in 2017 for allegedly expressing his intent to join Islamic State. He would spend the next four years in prison . His refugee status was cancelled in 2019, but he was still qualified as a protected person under the Immigration Act and authorities could not deport him or hold him in custody after he was released from prison in 2021. In the months before the attack, Samsudeen was housed at a mosque as he tried to reintegrate into the community. The mosque was chosen for its positive relationship with the police, and the chair provided regular updates on Samsudeen's progress. Police also continued to surveil Samsudeen without his knowledge. Ahamed Samsudeen. Photo: Supplied The police surveillance team, which followed Samsudeen to LynnMall, were not equipped to stop the attack - armed only with pepper spray to avoid breaking their cover. That responsibility instead fell to a pair of Special Tactics Group officers supporting the surveillance team from afar, who rushed inside the supermarket when they saw shoppers fleeing. Neither had time to equip themselves with Tasers and only had access to the Glock pistols holstered on their person, making lethal force their only option to stop the attack. The inquest will explore the circumstances that lead Samsudeen to carry out the attack, and the impact it had on victims and witnesses. Sign up for Ngā Pitopito Kōrero, a daily newsletter curated by our editors and delivered straight to your inbox every weekday.
RNZ News
3 days ago
- General
- RNZ News
Cop who stomped on man during South Auckland arrest resigns, avoids prosecution after police investigation
By Al Williams, Open Justice reporter of Photo: RNZ / Richard Tindiller Police decided not to charge an officer who stomped on a man during an arrest, saying that despite having enough evidence to prosecute, it wasn't in the public interest to do so. The alleged assault happened during a family harm callout at a home in Ōtara, South Auckland in 2023. According to a summary from the Independent Police Conduct Authority (IPCA), two police officers were trying to handcuff the man but he resisted by keeping his arms at his sides. He was then tackled to the ground and punched by one of the officers. When the man tried to get to his feet, the same officer used his knee to strike the man in the head, before later stomping on his torso. "CCTV footage captured footage of the man's arrest and the force used against him," the IPCA said. The man's pregnant partner, who was watching on and threw pot plants at the officer to try to stop the assault, was also arrested. She claimed she was "man-handled" while handcuffed, causing her to fall belly-first down concrete steps, and that she was struck on the back of her neck. A complaint that police used excessive force when arresting the couple was later laid. The officer resigned during the investigation, which eventually found allegations excessive force was used on the woman were unsubstantiated. However, there was evidence regarding the alleged assault on her partner. "There was sufficient evidence to charge the officer with assaulting the man. However, police determined it would not be in the public interest to prosecute the officer." The IPCA, which oversaw a police investigation into the incident, said in its summary it agreed with the police findings and "overall accepts the outcome reached". Counties Manukau district commander Superintendent Shanan Gray said police assess each report pursuant to the Solicitor General's prosecution guidelines, which include a public interest test, among other criteria. "When there is sufficient evidence to prosecute, police will not hesitate to do so. However, only after determining that that is the most appropriate outcome for a specific situation." When NZME asked police what factors went into deciding what cases were in "the public interest" when it came to prosecuting an officer, police said there was no further comment and the factors were "available online". The two officers were called to the family harm incident on 7 November 2023. When they got there, they spoke to the couple before escorting the man outside the building and arresting him. The man initially complied with the officers' instructions while calling out to his partner, who was on the second-floor balcony of the building and watching events unfold. His partner tried to verbally interject as he was punched and kneed before throwing a clay plant pot, which hit the officer on the back. Both officers then tried to drag the man away from the building. He tried to hold on to a fence and was pulled away. Once pulled free, the officer who had punched and kneed the man then stomped on his torso. The man's partner then threw a plastic plant pot, which missed both police officers. After being handcuffed, the man was escorted to a nearby police car. As additional officers arrived, the officer who had used excessive force against the man re-entered the building and arrested the woman. She alleged the officer "man-handled" her, causing her to fall, handcuffed and belly-first, down concrete stairs. She said he also struck her on the back of the neck when escorting her to a police car. The couple were separately charged with assault. A resisting arrest charge against the man was later withdrawn. The IPCA accepted the police finding that there was evidence that the officer man-handled the woman, caused her to fall, or struck her on the back of the neck. In reviewing the matter, the Crown offered no evidence in respect of the woman's charge of assault with a weapon, which the IPCA said was subsequently dismissed by the court. Despite the officer's resignation, police concluded his employment process followed Public Service Commission guidelines. Gray said police acknowledged the authority's summary. "Police acknowledge the IPCA's summary report following a complaint that an officer used excessive force when arresting a man and his pregnant partner. "We note the authority is satisfied with the outcome of the investigation." - This story originally appeared in the New Zealand Herald .
RNZ News
6 days ago
- General
- RNZ News
Lois Tolley case unravelled due to poor practice, inadequate oversight not interviewing method, review finds
Police Commissioner Richard Chambers. Photo: RNZ / Nick Monro The police watchdog has found police questioning that resulted in accusations of false confessions was due to poor practice and inadequate oversight, not a controversial interviewing method. In 2021, the High Court ruled evidence in the Lois Tolley murder case was inadmissible because of issues with the way the man was interviewed, with the judge likening the interviewing method to a " cosy fireside chat ". The man's charges were subsequently dropped after the Crown case unravelled. The Independent Police Conduct Authority launched a review after receiving multiple complaints, finding that the model was not properly implemented and officers did not receive enough support to use it. The Complex Investigation Phased Engagement Model, which was introduced in 2018, was heavily focused on engagement skills and building rapport. Before it came along, the Authority found police interviewing skills were generally poor and officers lacked confidence. The review said the new interviewing model was "a laudable attempt to bridge the gap", but the normal processes for quality assurance and implementing the training were not followed and it was not reviewed by an independent expert until roughly two-and-a-half years after it was rolled out. The Authority examined five cases as part of its review, finding the questioning itself did not follow good practice or follow the Judges' Rules on Police Questioning in two of them. "However, these failures were generally not integral to (the model) and were due to poor practice and inadequate oversight." It found police leadership should have done more to support officers and proactively correct the perception that the interviewing model alone caused the downfall of the failed murder prosecution. The review found that while the police executive approved the use of the interviewing techniques, that approval appeared to be given informally and was not properly documented or signed off. It noted that police were addressing the problem, including a recent review recommending the creation of a new role to improve interviewing training. Lois Tolley, 30, was killed at her Wallaceville home in 2016. Photo: Supplied / NZ Police The Authority recommended that police set up the new role investigative interviewing manager to develop new investigative interviewing and engagement training and making it available to all staff, ensure interviewing trainers have the necessary operational experience and skills, and create a high level training for interviewing suspects and hostile witnesses. Police Commissioner Richard Chambers said police accepted the findings and the recommendations were being implemented. He apologised to the staff involved when the interviewing method came under fire, saying they should have been better supported. The programme was implemented with the knowledge and support of its leaders and staff involved acted in good faith to improve an acknowledged gap in interviewing, Chambers said. "While there are lessons to be learned for police, the staff involved displayed passion and dedication in working to try to advance difficult and complex cases," he said. The murder case interview was subject to an independent review which found that those involved were brought in to conduct the interview phase only and were not involved in making key decisions relevant to progressing the investigation. "In these circumstances, it would be both wrong and unfair for conclusions to be drawn that these staff were to blame for the charges being withdrawn," Chambers said. The police had internally reviewed the way it led, reviewed and managed serious crime investigations as well as commissioning a broad review on interviewing practices. Both sets of recommendations were being implemented and police expected to recruit the new manager in the coming weeks, he said. "Engaging with and interviewing victims, witnesses and suspects is a core policing skill and pivotal to advancing all investigations and other aspects of policing. "The police executive is committed to ensuring that NZ Police's interviewing training programme is world leading." Sign up for Ngā Pitopito Kōrero , a daily newsletter curated by our editors and delivered straight to your inbox every weekday.
