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    New Zealand police are as sleazy and lawless as anywhere else in the world. Archived Message

    Posted by Morrissey on January 13, 2023, 1:32 pm

    Some police officers are shocked a former detective has been appointed to lead a major police project, just months after he quit the force.

    Former Detective Superintendent Tom Fitzgerald, who was the country’s most senior investigator and headed the Criminal Investigation Branch (CIB), created and oversaw a controversial interviewing technique, the Complex Investigation Phased Engagement Model (CIPEM).

    Its use has been criticised, and was central to the collapse of charges against a man accused of murdering Upper Hutt woman Lois Tolley in 2016.

    Fitzgerald, 58, retired in October, in a move that surprised many colleagues. He insisted he had planned his retirement for some time, and it had nothing to do with scrutiny of CIPEM, which has been the subject of a year-long investigation by Stuff.

    However, he has now been announced to head a major internal overhaul of training and professional development for police investigators, which was detailed in an email sent to staff this week and leaked to Stuff.

    This is despite a current Independent Police Conduct Authority investigation into two complaints about CIPEM, and a review of all police interviewing, including the use of CIPEM (later known as PEACE Plus).

    Fitzgerald’s appointment has stunned some frontline police officers, with one saying his “influence should be avoided until we are all comfortable with it.”

    CIPEM was developed by Fitzgerald to crack cold cases and was primarily aimed at getting suspects who had previously refused to speak, to talk with police.

    The technique, which was first used in 2019 but not revealed publicly until 2022, sought to do this by replacing the traditional “cop-mode” of interviewing, with comfortable seating, shared takeaways, and a more relaxed interviewing style.

    However, its use in the investigation into the 1985 homicide of 1-year-old Penny-Tui Taputoro, was slammed by one of the country’s leading barristers, Nigel Hampton, KC, who described a 2019 interview with suspect Kathleen Smith as “very troubling” and “oppressive”.

    Interviews using CIPEM in Operation Archer, the investigation into Lois Tolley’s murder, resulted in a confession from one suspect that a judge later ruled was not credible and was “unfairly obtained by an unfair process”.

    Justice Simon France said the CIPEM technique was used to “unacceptable excess”, and the interviews weren’t a pursuit of a “neutral truth” but “a sustained pursuit of a particular ‘truth’”.

    Charges against the suspect were eventually withdrawn, along with charges against two other men, and the entire police case collapsed.

    Police ordered an independent review of Operation Archer, but have refused to release its findings.

    Police assistant commissioner Lauano Sue Schwalger said Fitzgerald was due to lead the new internal review of investigator training while he was still with the police, but when he retired it was agreed he would return as a contractor to complete the project.

    She said Fitzgerald was a highly experienced investigator, who had been involved in countless investigations, over more than 30 years as an officer.

    “We believe he has the right skill-set to lead this project, alongside input from other police employees and officers.”

    However, senior police officers spoken to by Stuff have expressed disbelief Fitzgerald has been appointed to the role.

    One officer said even though Fitzgerald had distanced himself from criticisms about CIPEM, he was ultimately responsible for how it had been taught and used.

    “To now lead training of many officers is unwise, at least in the short-term, with reviews taking place. Even the perception is something that police need to be careful about, because it goes to core values, especially trust and confidence.

    “There are many other sworn serving police officers who could easily lead this.”

    Another police source said they found it "ironic" Fitzgerald would be appointed to lead a project about professional development, given numerous recent stories questioning his actions.

    "I'm a little astounded they're bringing back Tom when there are people who are just as suitably qualified, who don't come with the CIPEM baggage, who could lead such a project.

    "It's a bit like letting the fox in the hen house."

    Stuff requested an interview with Police Commissioner Andrew Coster about CIPEM/PEACE Plus a month ago. Police have not responded.

    Fitzgerald was approached for comment but did not respond.

    https://www.stuff.co.nz/national/130968941/police-officers-surprised-at-appointment-of-former-top-cop-to-new-role

    https://www.stuff.co.nz/national/crime/129813783/police-took-illegal-photos-fingerprints-of-young-mori-report-finds

    https://www.nzherald.co.nz/nz/police-officers-actions-contributed-to-mans-paralysing-injuries-report/UW4VRLFVBUCWWZIAXNMV3WWQQE/

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