Police have accepted the Independent Police Conduct Authority's (IPCA) shocking findings into an 'inadequate' investigation of an alleged sexual assault case in Auckland.
It comes after police responded to reports that a sexual assault had taken place against a woman during an Auckland rental property viewing in October 2019.
"A woman arranged to view a rental property owned by the man, who began showing her around the property. Within minutes, the woman had locked herself in the lavatory and called police, alleging the man had sexually assaulted her," IPCA's report read.
The man was then arrested, which IPCA found to be justified as "police initially had good cause to suspect he had committed serious offences".
Police were informed by the woman that after refusing to have sex with the man, he then punched her several times in the face and head, tried to remove her underwear, ripped the buttons from the front of her dress, and threatened to kill her.
"We note that none of the officers observed any injuries on the woman and that the buttons on her dress were undone and pulled loose, but not torn off."
The final IPCA report found the man was "inappropriately charged with a serious sexual assault" as a result of the "inadequate police investigation".
It also highlighted that during the police interview at Avondale Police Station, the man raised several matters that "should have caused police to question the veracity of the woman's statement".
"He told police there was insufficient time to commit the offences based on the timeline of events. He also told police he believed he may be being 'set up' by a man who had previously been charged with assaulting him, and who may be linked to the woman," the report reads.
It took almost a year for police to review the timeline of events in the alleged assault, including extracting data off the woman's phone.
"If a more thorough assessment was completed of the available evidence, it is likely police would have discovered the woman's claims at least warranted further investigation."
"Police could have charged the man with a lesser offence while assessing and investigating the information. Instead, they charged him with threatening to kill and assault with the intention to commit rape."
The report also found that throughout the police investigation into the alleged assault, the man and his legal representatives raised multiple points that cast doubts about the woman's allegations.
"Just before the man's trial was about to start, Police identified the inconsistencies in the woman's statements, and established a connection between the woman and the person the man suspected was attempting to extort property and money from him. This resulted in the withdrawal of the charges against the man."
The charges had remained in place until 5 February 2021, before being withdrawn.
"The woman was subsequently charged with making false statements," IPCA's report read.
"As a result of the charges and the length of time before they were withdrawn, the man and his family suffered significant financial, emotional, and reputational damage."
Police have since reviewed the matter internally, alongside the IPCA's own separate investigation.
Auckland City Acting District Superintendent and Commander Sunny Patel confirmed on Tuesday that police have acknowledged that IPCA's findings are correct.
"While the initial arrest at the scene was justified, we accept the findings around the subsequent assessment and supervision over the case," he said in a statement.
"If a more thorough assessment of the evidence had been carried out by police at the time, as required by the Solicitor-Generals' Prosecution Guidelines, it is likely we would have discovered the woman's allegations warranted further investigation."
He said as a result of the investigation, the charges against the man were before the courts for "significantly longer than they should have been".
Police have since apologised in person to the man in relation to the alleged assault.
"Following a comprehensive review, police acknowledge there was a lack of oversight and guidance of this matter by the relevant supervisors, which should not have occurred," Act Sup Patel said.
"This has been managed as a performance issue with the staff involved and clear expectations have been set moving forward."
