No announcement yet.

Police fear miscarriage of justice


  • Police fear miscarriage of justice

    Click image for larger version

Name:	TeinaPora_220x147.jpg
Views:	1
Size:	29.1 KB
ID:	24940

    In an unprecedented move, the Police Association is calling for an independent inquiry into the conviction of Teina Pora, who is now into his 21st year in prison for the rape and murder of Susan Burdett.

    President Greg O'Connor told theWeekend Herald that the request was the first in the 16 years he has led the association, which represents rank-and-file police officers, but he believes it is justified on this occasion.
    It should not be run by the police but could be a ministerial inquiry conducted by a Queen's Counsel. "It's a justice-sector issue. It's not a police issue. The police can't walk up to the prison and say, 'Let him out'."
    Mr O'Connor said there were sufficient issues that raised the prospect that a miscarriage had occurred, and significant disquiet among police.
    "This is a case that really does need a review. There are enough experienced police from the time and even from now who are uncomfortable with the fact that Teina Pora is in prison for this crime."

    The association was hearing concerns from more and more police, he said. "I think it is one that needs a review quite quickly."
    Mr O'Connor said there had always been a number of police, particularly in South Auckland, who weren't comfortable that Pora was the offender, and had been surprised when he was convicted at his second trial.
    The Weekend Herald first revealed in May last year that the detective whose expert testimony convicted Malcolm Rewa of raping Ms Burdett believed Pora was wrongly convicted of her murder.
    In 1996, DNA testing showed the semen inside Ms Burdett, who was killed in 1992, belonged to Rewa, a serial rapist who was unknown at the time of Pora's trial but was convicted in 1998 of raping her.
    Detective Dave Henwood, a multi-award-winning criminal profiler, said there were no doubts in his mind Rewa committed the crime alone, and that Pora was innocent.
    Since then, more doubt has been cast on Pora's conviction, including revelations on TV3's Third Degree this week that a woman raped by Rewa two weeks before the attack on Ms Burdett said she, too, believed an innocent man was in jail.
    The programme also discovered that before Pora's first trial, police had believed Ms Burdett was attacked by a serial rapist but did not disclose this to Pora's lawyers.
    Yesterday, Mr O'Connor said some police were cynical of what he termed "the innocence industry" and Pora's case might have suffered as a result.
    "This one appears to have much more substance to it. Most of these campaigns to release people are pretty fanciful and draw pretty long bows, whereas there are sufficient doubts among quite senior detectives, and the public, that this is one that is worthy of a review."
    The Labour Party, Maori Party and the Criminal Bar Association have also called for an inquiry.
    Justice Minister Judith Collins said last night that it would be "completely inappropriate" for her to intervene while Pora's legal team were preparing an appeal to the Privy Council.
    Meanwhile, the investigator who says there is new evidence to show Pora is innocent has accused the police hierarchy of being myopic, selective and wasting public money.
    Tim McKinnel, a former police detective, has collected new expert opinion evidence that concludes Pora gave a false confession and that Rewa attacked Ms Burdett on his own.
    He has questioned the police's refusal to review the whole case and attacked its claim that Pora, Rewa and an unknown third man were involved.
    "This talk of a third offender is not supported by any evidence other than Teina Pora's (false) confessions. I can't see how they can justify spending probably tens of thousands of taxpayers' dollars on this ridiculous search for somebody that any objective review will show doesn't exist.
    "If they were genuinely looking for a third offender, why did they do nothing for 10 years?"
    Police were prompted to begin work on the Burdett file again when Mr McKinnel and barrister Jonathan Krebs began an investigation on behalf of Pora four years ago. "The issue I have (with the police's approach) is why embark on this expensive forensic search when there is a whole area of psychological science that has developed since the trials and not examine that?" Mr McKinnel said.
    Pora's team has twice taken the police to court to try to force them to hand over information. Police have said that each request has been assessed in terms of the Official Information Act and privacy laws.
    Assistant Commissioner Malcolm Burgess and Detective Superintendent Andy Lovelock were unavailable.
    Pora is seeking legal aid for his Privy Council appeal. Mr Krebs said he would otherwise pay for it or seek alternative funding.

    The Teina Pora file

    Back story
    Teina Pora was convicted in 1994 of the rape and murder of Susan Burdett in her home. He was convicted again in a retrial in 2000. New expert evidence suggests he may have been convicted on a false confession. An increasing number of experts and some former senior police believe he is innocent. He is preparing to appeal to the Privy Council.
    Malcolm Rewa was convicted in 1998 of raping Ms Burdett after he was linked to semen from the scene. Two juries could not reach a decision about whether he murdered her. Rewa is serving preventive detention for solo attacks on 25 women.
    TV3's Third Degree this week revealed that police believed Burdett's attacker was a serial rapist before Pora was put on trial but did not disclose this to his lawyers.
    Herald revelations
    The police's own expert criminal profiler - whose evidence was key to convicting Rewa - has "no doubts" that Pora is innocent.
    The world's leading expert on false confessions says Pora's confessions are "fundamentally flawed and unsafe".
    A second senior officer involved in the Burdett case has written to the police commissioner with concerns about Pora's conviction.
    Police paid key witnesses but have refused to release details.
    A British profiling expert says it is "highly unlikely" Rewa would have worked with anyone, let alone Pora.

    Credit NZ Herald

    • Ugly Truth
      Ugly Truth commented
      Editing a comment
      Paula Penfold interviewing Assistant Commissioner Malcolm Burgess on the Teina Pora case.

      Suggestion of conspiracy of witnesses in order to collect reward money, no disclosure of evidence tending to exculpate Pora.
      Last edited by Ugly Truth; 04-08-2013, 10:26 PM.
    Posting comments is disabled.

Latest Articles


  • Judge Goddard refuses to answer MPs' questions
    by admin
    The former New Zealand judge who headed a UK inquiry into child sexual abuse has said she will not appear before British MPs to answer questions about her time in charge. Dame Lowell Goddard said for her to be summoned would compromise the inquiry's "independence and integrity". She also hit out at "malicious, defamatory attacks" by the British media and said she was disappointed the government had not defended her. British MPs have asked the former head of the child sex abuse inquiry to expl...
    11-11-2016, 11:47 AM
  • Judge Lowell Goddard's epic fail
    by admin
    Dame Lowell Goddard, the New Zealand judge who resigned last week as chair of the 100 million (N$183.5m) Independent Inquiry into Child Sexual Abuse (IICSA), did not leave her post voluntarily but was effectively fired. Dame Lowell, appointed by then-Home Secretary Theresa May just over a year ago, had already lost the confidence of senior staff and members of the inquiry panel, according to two well-placed legal sources. The Home Office has denied she was sacked, according to reports. After she ...
    09-08-2016, 10:07 AM
  • Sir Ngatata Love's lawyer claims agreement had no impact on Trust
    by admin
    Sir Ngatata Love's lawyer Colin Carruthers QC says the Serious Fraud Office (SFO) theory against his client is wrong, with a key agreement placing no financial cost on the Wellington Tenths Trust. The former leading Treaty of Waitangi negotiator and academic is on trial in the High Court at Wellington, accused of obtaining funds by deception, or alternatively of obtaining a secret commission.The charges relate to allegations that Love showed favour to Auckland property developer Redwood, and ...
    05-08-2016, 01:44 PM
  • Transport boss pleads guilty to corruption charges
    by admin
    The Serious Fraud Office says the guilty plea yesterday by an Auckland Council manager to corruption charges shows the dangers in not questioning a culture of gratuities. Barrie Kenneth James George, 69, this morning at the High Court at Auckland pleaded guilty to two charges of accepting bribes as a public official when he took gifts worth $103,580 between 2005 and 2012. The gifts included cash, and lavish overseas holidays for George and his family. SFO Director, Julie Read welcomed the guilty plea...
    04-08-2016, 09:40 AM
  • Identities of corrupt JP's stay secret
    by admin
    The identities of Justices of the Peace disciplined for incompetence, making false allegations or misusing their title for personal gain are being kept secret by the Ministry of Justice.In the case of the above JP Denis Selwyn Callesen of Keri Keri, the Crown Law Office even halted a private prosecution against Mr Callessen after evidence emerged that Mr Callessen and his former secretary Robin Morris had perverted the course of justice.

    The Ministry believes the privacy of...
    23-07-2016, 11:35 AM
  • Government funded escape artist Philip Smith found guilty
    by admin
    The murderer who embarrassed New Zealand law and border authorities by flying to Brazil while on temporary release from prison has been convicted for the audacious escape. Charges of escaping lawful custody and making a false statement to renew a passport have been added to Phillip John Smith's lengthy criminal record, along with murder, child sex abuse, kidnapping, tax fraud and arson. In an unusual legal procedure, a jury was chosen at the Auckland District Court today and the judge immedia...
    22-07-2016, 01:05 PM