Deputy Commissioner Computer Report Cleared
Top cop’s Resignation Shrouded in Secrecy as Court Battle Over ”Objectionable material” Continues
The country’s second-most powerful police officer resigned in May amid a four-month examination by the Autonomous Police Conduct Authority and police. His departure followed allegations of a “very serious nature,” separate from a criminal investigation that lead to his suspension before christmas 2024.
RNZ has previously revealed that pornography found on the former officer’s work computer is being investigated as alleged objectionable material. His lawyer, Linda Clark, had sought and been granted a rare “superinjunction” by justice grau, which initially prohibited reporting on the nature of the material and even the existence of the injunction itself.
Following a teleconference with Justice Gwyn, the order preventing the disclosure of the material’s nature was continued. However, the ban on reporting the injunction’s existence was lifted, allowing RNZ to report on the application and its interim outcome.
A hearing was held in the High Court at Wellington on June 3 before Justice Karen Grau,with RNZ,NZME,and Stuff jointly represented by Robert Stewart KC. On Friday, Justice Grau released her judgment, declining the former officer’s application. However, the reasons for this decision remain suppressed, and the interim injunction has been extended to allow time for a potential appeal. If no appeal is filed within five working days, the nature of the allegedly objectionable material found on his work devices may be published.
During the injunction hearing, Ms. Clark argued for the extension of existing orders,citing concerns that “essential” details to the investigation had been leaked to the media,who intended to publish it. She characterized the information gathered during the police investigation as “confidential” and alleged a pattern of media reporting on substantive information provided to her client by the Public service Commission.
Conversely, Mr. Stewart KC argued that while there was potential harm to the police investigation, the police themselves had indicated no concern that further disclosure would impact their work. He emphasized the public figure status of his client and the significant public interest in the investigations surrounding his “abrupt resignation.” He further submitted that any restraining orders should be as limited as possible and for the shortest duration.
Crown prosecutor Stephanie Bishop, representing the police, informed the court that the police did not oppose the application.The ongoing legal battle and the continued suppression of details surrounding the alleged objectionable material highlight the sensitive nature of the investigation and the complex interplay between public interest, privacy, and the administration of justice. The public awaits the potential unsealing of information that could shed further light on the circumstances of the former officer’s departure from a high-ranking position.