While there is insufficient evidence to prove either of the two sexual assaults senior Northland police officer Kevin Burke is accused of, some of his actions fell short of police standards, the IPCA says.
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Detective Inspector Burke was accused of sexually assaulting two vulnerable women he'd met through his job in their own homes in the early 2000s.
He was acquitted on charges of indecent assault and sexual violation after a three week trial in the High Court in Auckland last year.
An employment investigation was put on hold until the trial concluded, after which Burke retired before the investigation could be finished.
This morning, the Independent Police Conduct Authority (IPCA) released findings from its own investigation into the two complaints of sexual misconduct and the police investigation.
The allegations
The IPCA found while there was not sufficient evidence to conclude Burke sexually assaulted either woman, some of his admitted actions showed poor judgement and breached police conduct.
Its investigation into the allegations considered the sexual allegations as well as Burke's wider conduct during his contact with both women.
The IPCA applied the professional policies and standards in place in the early 2000s and assessed evidence on a 'balance of probabilities' standard of proof.
It interviewed both complainants, a support person, Burke and some of his former colleagues and reviewed evidence from the police investigation and subsequent criminal trial.
In its report, IPCA states there was no sufficient evidence to conclude Burke sexually assaulted either complainant.
However, it did find some of his admitted actions towards one of the women showed "poor judgement" and breached the police regulations of the time.
It also found Burke met the second woman when she was a victim of crime and vulnerable and while some of his conduct towards her was in line with good investigative practice at the time, it was inappropriate in principle.
The police investigation
The IPCA found that while there were some practical failings in the police investigation, they did not compromise the integrity of an otherwise fair and thorough investigation.
In its report, it notes the first complainant developed concerns about the thoroughness of the investigation as it progressed, also raised by her support person.
The IPCA conducted an independent investigation into these concerns and the police's response to an anonymous letter that alleged Burke had sex with a victim of crime.
It found the police responded well to the first complainant's allegation against Burke and appointed suitably qualified officers to investigate her complaint in a timely manner.
However, the IPCA found the police failed the woman in a number of ways including leading her to believe they could provide an unachievable level of service and not properly explaining changes in investigative timeframes.
In November 2016, the Commissioner of Police received an anonymous letter, purportedly from a serving police officer, expressing concerns about police conduct and management of complaints in the Northland Police District.
It outlined examples of alleged dysfunction in the District, which the writer claimed the first complainant's support person knew about, including Burke having sex with a victim after being dispatched to a property.
In its report, the IPCA said the police decided the "oblique reference" contained "insufficient credible information" to warrant an investigation.
However, the watchdog found the letter did warrant further investigation, despite lacking firm evidence.
It found police should have approached the support person, outlined the allegation without disclosing identifying details, and asked whether they had any information to share and also put the allegation to Burke to allow him to respond.
