Local Govt | National News Video | Parliament Headlines | Politics Headlines | Search


Flawed Police investigation

Flawed Police investigation into inappropriate contact between teacher and student
11 December 2018

The Independent Police Conduct Authority has found that a Police investigation into inappropriate contact between a teacher and a student in Gisborne in 2014 was deficient in several respects.

In April 2014, the Gisborne Police Child Protection Team (CPT) commenced an investigation after they were alerted to an allegation of inappropriate contact between Sam Back, an intermediate school teacher, and Reiha McLelland, a 13 year old student.

Police completed the CPT investigation in June 2014, concluding that there was insufficient evidence of criminal offending. On 1 August 2014, Reiha died in Gisborne Hospital and her death was referred to the Coroner.

In April 2017, after attending both the Teachers Council Disciplinary Tribunal hearing and the Coroner's inquest, Reiha's parents made a complaint to the Authority raising a number of concerns.

The Authority conducted an independent investigation and found that:
• the CPT investigating officer did not adequately assess the evidence;
• notwithstanding the inadequacy of the Police assessment, the Authority agrees that there was insufficient evidence available to Police to charge Mr Back with a criminal offence;
• the investigating officer's supervisor had a conflict of interest which was not properly managed, and consequently the investigation was not adequately supervised;
• the investigation plan was inadequate and not all appropriate enquiries were conducted;
• information obtained from the interviews of Reiha and Mr Back was not recorded appropriately; and
• the interview of Mr Back was not conducted properly.

The Authority also found that the Police's initial consultation with Child, Youth and Family (CYF) was delayed. While Police policy at the time did not require a 'multi-agency' approach to the investigation, Police should have further considered how the information they held might be relevant for other agencies involved in Reiha's care.

Although the investigating officer's supervisor had a conflict of interest, the Authority concluded that the supervisor was not actively involved in the investigation, the case was appropriately assigned and the outcome was not pre-determined.

However, the supervisor did make submissions to the Teachers Council regarding name suppression for Mr Back which were patently wrong and misleading. This was contrary to Police policy and amounted to misconduct at the serious end of the spectrum.

"If the supervisor had intended to mislead the Teachers Council, he would have been guilty of the offence of attempting to pervert the course of justice. However, such an intent cannot be proved",said Authority Chair, Judge Colin Doherty.

The Authority also determined that:
• Police did not leak an internal report to the Gisborne Herald;
• while Police initially failed to disclose all the relevant data to the Coroner, this was not a deliberate attempt to withhold information; and
• there was a lack of ongoing support for Reiha's family during the inquest process, but this was not due to any neglect of duty by Police.
CYF is now known as Oranga Tamariki.
Public Report

Complaint regarding a Police investigation into inappropriate contact between a teacher and student(PDF 504 KB)


© Scoop Media

Parliament Headlines | Politics Headlines | Regional Headlines

The Gili Islands: A Community Earthquake Recovery Effort

Joseph Cederwall travelled to the Gili Islands in October 2018 to talk to locals about their experiences of the event and witness the impact and the rebuild efforts on this unique ecotourism destination.

2018 was a difficult year for the Indonesian archipelago. This chain of fragile and largely low-lying islands is situated on a particularly unstable segment of the Pacific rim of fire. Last year the islands were hit by a series of devastating natural events including a series of Lombok, Sulawesi and Java based earthquakes and resultant tsunamis.More>>


DHBs "Prepared": Junior Doctors Strike Tuesday, Wednesday

The needs of acute patients will be met during tomorrow's junior doctor strike, a DHB spokesperson says... Almost 3000 junior doctors are expected to walk off the job, which will affect all DHBs apart from West Coast District Health Board. More>>


Gordon Campbell: On MBIE’s Social Media Scam

Given the ambit of MBIE’s work, almost any form of social activity could qualify as being part of MBIE’s brief, so the privacy threats posed by this training programme are extensive. The current oversight safeguards seem threadbare to non-existent. More>>


JusTrade: New Campaign For A 21th Century Trade Agenda

‘Critique is no longer enough. If anything is to really change, we need to step away from the existing framework and take a first-principles approach to rethinking what will work for the 21st century.’ More>>


Gordon Campbell: Thompson + Clark Are The Tip Of The Iceberg

How can we tell where and how any lines are being drawn? Oversight is not exactly robust. If it were, Thompson + Clark would have been out of contention for state security work ten years ago. More>>

Trainers: Taratahi Institute of Agriculture In Interim Liquidation

Taratahi employ 250 staff and this year has provided education to over 2500 students. Taratahi owns and manages 8 farms throughout the country. More>>


IPCA Report: Complaints About Deputy Commissioner Wallace Haumaha

The Authority has found that DC Haumaha acted improperly by approaching staff and others to provide information to support him to refute the allegations about his 2016 conduct, or solicited other staff to do so on his behalf... More>>





InfoPages News Channels