Wider review of former police officer's cases to be decided after historical case investigation - Police

WARNING: This story contains content that may be distressing to some readers.

Police will decide whether a wider review of a former police officer's cases is needed once an investigation into a historical sexual assault case has concluded.

The case has been re-opened following a damning review, which has prompted calls for police to review other cases investigated by the former police officer.

RNZ earlier revealed an internal police review found the sexual assault investigation by former Detective Senior Sergeant Darren Folau was "poor", that the complainant was "not listened to and not believed" and that the young man's sporting career was "prioritised over [the complainant and any offending against her"].

The police said that, based on the review of the original investigation, the sportsman did not have a defence and was culpable of sexual conduct with a person under 16-years-old.

** Do you know more? Email** sam.sherwood@rnz.co.nz

The sportsman has been granted an injunction after he was approached by RNZ. The injunction means RNZ is not able to report his identity.

Territorial superintendent Ross McKay earlier confirmed in a statement to RNZ that police had reopened an investigation into historical claims of sexual assault dating back to 2010, after an initial review last year found "concerning management of the original file".

"An independent investigation team from another district is now leading the reinvestigation and review into the handling of the original inquiry."

On Tuesday, McKay told RNZ that once the current investigations had concluded "a decision can be made about whether other cases need to be assessed".

He also confirmed that assistant commissioner Corrie Parnell was the detective senior sergeant responsible for the Canterbury District Child Protection at the time.

"His role was to receive all case files and assign them to specific child protection investigators. It would not be appropriate to comment further while that case remains under investigation."

Calls for 'robust review of other cases'

HELP Auckland executive director Kathryn McPhillips earlier told RNZ the organisation would welcome any decision to further investigate sexual violence cases handled by Folau.

"The case already identified as requiring review raises legitimate questions about whether other cases he was involved in should also be reconsidered.

"Transparency and a willingness to critically examine whether cases were handled professionally, impartially and with the interests of survivors at the centre are essential to maintaining trust in the justice system.

"The findings in this case are deeply concerning and highlight the lasting harm that occurs when this does not happen," McPhillips said.

She said the organisation's thoughts were with the complainant.

"We welcome New Zealand Police's continued efforts to review and reopen cases where reports of sexual violence have not been handled appropriately. It is important that survivors know concerns can be revisited when failures are identified, and we hope this commitment to reviewing past cases continues."

Wellington Rape Crisis general manager Kyla Rayner said they also wanted to see a "robust review of other cases".

"A young woman disclosed. The investigation found she was not listened to, not believed, and that the sportsman's career was explicitly weighed in the balance. She then spent years - her words - feeling like what happened to her wasn't bad enough. That is what a failed investigation costs a person. The reinvestigation is the right step. But survivors are watching what comes next.

"For many survivors, the greatest harm is not only the violence they experience but the experience of not being believed, not being taken seriously, or feeling that other interests are prioritised over their safety and dignity. Trust in the justice system depends on survivors knowing they will be treated with fairness, respect and impartiality."

Rayner said reopening a file was not the same as restoring trust.

"Trust depends on what happens inside that reinvestigation - whether the survivor is supported, whether prosecutions follow where the evidence warrants, and whether the officer accountability process is genuinely independent."

The complainant told RNZ she believed it was important that police reviewed other cases Folau was involved in.

"His attitudes towards my reporting show he did not follow correct processes or work in a victim-centric way.

"It's possible that there are other children and young people who were also not believed, not listened to and not centred in their investigations."

She said police had told her that the culture had changed in police.

"To ensure police culture truly changes, they must do everything they can to rebuild trust. Genuinely owning their mistakes and reviewing historic cases is a first step."

RNZ approached Folau for comment on Wednesday. He said he was "not in a position to make any decisions or commentary".

In response to further questions, Folau said because of the little information he had, he did not think he could make any comments.

"The context I have is that I understand a review of an historical case is underway.

"I am comfortable that any recommendations I may have had input into will have been evidence based."

The sportsman said in a brief statement to RNZ he understood police were re-investigating the matter.

"So, it would be improper of me to make any comments at this stage. I have complete trust in the police."

Where to get help:

• Need to Talk? Free call or text 1737 any time to speak to a trained counsellor, for any reason.
• Lifeline: 0800 543 354 or text HELP to 4357.
• Suicide Crisis Helpline: 0508 828 865 / 0508 TAUTOKO. This is a service for people who may be thinking about suicide, or those who are concerned about family or friends.
• Depression Helpline: 0800 111 757 or text 4202.
• Samaritans: 0800 726 666.
• Youthline: 0800 376 633 or text 234 or email talk@youthline.co.nz.
• What's Up: 0800 WHATSUP / 0800 9428 787. This is free counselling for 5 to 19-year-olds.
• Asian Family Services: 0800 862 342 or text 832. Languages spoken: Mandarin, Cantonese, Korean, Vietnamese, Thai, Japanese, Hindi, Gujarati, Marathi, and English.
• Rural Support Trust Helpline: 0800 787 254.
• Healthline: 0800 611 116.
• Rainbow Youth: (09) 376 4155.
• OUTLine: 0800 688 5463.

If it is an emergency and you feel like you or someone else is at risk, call 111.

Sexual Violence

• NZ Police.
• Victim Support 0800 842 846.
• Rape Crisis: 0800 88 33 00.
• Rape Prevention Education.
• Empowerment Trust.
• HELP (Auckland): 09 623 1700, (Wellington): 04 801 6655.
• Safe to talk: 0800 044 334.
• Tautoko Tāne Male Survivors Aotearoa.
• Survivors Network of those Abused by Priests (SNAP) 022 344 0496.