Disgraced former deputy police commissioner Jevon McSkimming claims Andrew Coster — the Police Commissioner at the time — advised him to pursue harassment charges against a woman who accused him of sexual assault.
By Sam Sherwood of RNZ
The revelation comes in a letter obtained by RNZ under the Official Information Act.
The December 2024 letter from McSkimming's then-lawyer - addressed to Prime Minister Christopher Luxon and copied to Police Minister Mark Mitchell and Deputy Police Service Commissioner Heather Baggott - said McSkimming was a "victim of a sustained campaign of stalking and harassment" that spanned several years.
In November last year, the Independent Police Conduct Authority released a damning report into police's response to allegations of sexual offending by McSkimming.
The woman referred to in the IPCA's report as Ms Z was charged in May 2024 with causing harm by posting digital communication, in relation to more than 300 emails she allegedly sent to McSkimming's work email address between December 2023 and April 2024.
The charge against the woman was withdrawn in the Wellington District Court in September, because McSkimming did not wish to give evidence.
Following the IPCA's report in November, RNZ became aware of a letter sent by McSkimming's then lawyer Michael Heron KC to Luxon and Mitchell.
On Monday, RNZ obtained a copy of the letter under the Official Information Act.
The letter — dated December 17, 2024 — began with Heron saying that on December 13 McSkimming was informed by Baggott that Mitchell intended to advise Luxon to recommend to the Governor-General that McSkimming's warrant be suspended on a temporary basis, pending the outcome of an investigation.
Heron said McSkimming posed no risk to police.
"He has voluntarily taken leave pending the outcome of the investigation and the further step of suspending him is not required and would, in fact, victimise him further."
Heron said McSkimming was a "victim of a sustained campaign of stalking and harassment" that began in 2018 and was ongoing.
He said the woman who was stalking him was the same one who sparked the police investigation into McSkimming.
"My client has not been provided with any information about what exactly [Ms Z] alleges. However, that investigation appears to have prompted the Police Minister to request Ms Baggott to set in motion the steps to suspend Mr McSkimming without delay."
The letter said McSkimming had a "consensual affair" with the woman between May 2016 and May 2018.
Heron said McSkimming informed two members of Police's senior leadership team in May 2018 about the affair, the nature of Ms Z's allegations and "his concerns of the risk of blackmail".
McSkimming had made "continued disclosures" to several people, including telling Coster about the relationship and the nature of the threats and allegations when he was appointed Police Commissioner.
He also disclosed it in 2020 during the process of applying for a non-statutory Deputy Commissioner role, in 2023 when applying for the statutory role, and in 2024 prior to his interview for commissioner.
"Mr McSkimming has also, less formally, disclosed his circumstances to Deputy Commissioner Tania Kura and all his peers, including a number of Assistant Commissioners and senior officers. He has been open in these disclosures about the nature of [Ms Z's] allegations about him."
McSkimming had faced an "avalanche of harassment" which had been "persistent and harmful".
This included sending emails to media organisations about him, filing anonymous complaints about him to the Police 105 online reporting line, and communicating with the IPCA about him.
Heron said Ms Z had blind copied McSkimming into the communications to the IPCA.
"She was in effect using these communications as a form of harassment and pressure."
Heron said that in March 2024 Coster "advised McSkimming to file a complaint under the Harmful Digital Communications Act 2015".
The impact of the "relentless attack" on McSkimming and his family had been "significant and severe".
"Throughout this time, however, he has continued to perform his roles professionally and conscientiously."
Heron said there were occasions where an officer under investigation would be suspended pending the outcome of an investigation. However, that was on a case by case basis.
"In this case, there is reason to believe the filing of a police complaint by [Ms Z] is actually an abuse of process and a further intensification of her long-running campaign of victimisation".
Heron referred to the case of former Deputy Commissioner Wally Haumaha who in 2018 was subject to an independent review, a State Services Commission review and an IPCA investigation. Haumaha took leave, but was not suspended and eventually returned to his role.
"It follows that if Mr McSkimming is to be treated no different from any other senior officer he should be on leave, but not suspended.
"Further, Mr McSkimming has not been charged with any offence. He remains confident he will not be charged. Applying the presumption of innocence, it would be a significant step to treat Mr McSkimming more harshly than Mr Haumaha, particularly where, as here, there is a context to the allegations against Mr McSkimming that indicates he is already a victim."
In relation to protecting the integrity of the investigation into McSkimming, Heron said to date the key factor that might impact that was "leaking of information" about the investigations into his conduct.
"Mr McSkimming is not responsible for those leaks and has been severely impacted by them. Last week he had media come to his family home, and family members, including his elderly father-in-law, were door-stopped by reporters."
No Deputy Commissioner had ever been suspended, Heron said.
"To take such an unprecedented step in this case would be grossly unfair, given the extensive history leading up to the complaint and the fact that NZ Police [and the Public Service Commission] has been kept informed about these events."
McSkimming requested he remain on leave, on full pay.
"If, however, it is your intention to make a recommendation to the Governor-General he asks to be consulted on both the wording and the timing of any announcement so that his family, particularly his children, can be prepared.
"He strongly hopes this will not be necessary. It would also be fair and reasonable to be clear as to the conditions upon which suspension is imposed and when those conditions will end (for example if there is a decision not to charge him, he must be immediately reinstated)."
McSkimming was formally suspended on December 23. It was during the police investigation into Ms Z's allegations that police found the objectionable material on his work devices and a second criminal investigation began.
When RNZ was made aware of the letter last year McSkimming, Coster, Heron, Mitchell and Luxon were asked for a response. Neither McSkimming nor Coster replied. Luxon and Mitchell declined to comment.
Heron said he could not make any comment about matters relating to clients.
"If you have the letter, then it speaks for itself, and you ought to ensure you quote or use it accurately and fairly."
Coster resigned from the Social Investment Agency (SIA) last year following the IPCA report.
In an earlier statement to RNZ Coster said his resignation was "a result of my acceptance of full responsibility for the shortcomings" identified in the Independent Police Conduct Authority's report.
"I regret the impact on the young woman at the centre of this matter and sincerely apologise to her for the distress caused.
"I accept that I was too ready to trust and accept at face value Deputy Commissioner McSkimming's disclosure and explanations to me. I should have been faster and more thorough in looking into the matter."
Coster acknowledged he should have more fully investigated the allegations when they were brought to his attention, "rather than assuming that their previous disclosure to senior Police staff a few years earlier would have resulted in an investigation if necessary".
"It is clear that Police's handling of the whole matter was lacking and that I was ultimately responsible for those matters. It was sobering to read of a number of missed opportunities which should have proceeded differently and more appropriately."
Coster welcomed Sir Brian Roche's acknowledgement that the report made no finding of corruption or cover-up, nor did the IPCA find any evidence of any actions involving officers consciously doing the wrong thing or setting out to undermine the integrity of the organisation.
"I made decisions honestly. I acted in good faith. I sought to take all important factors into account with the information I had at the time. While it is not possible to alter past events, I am prepared to take responsibility — I got this wrong.
"I want to apologise to all members of the NZ Police. They work hard every day to keep our communities safe. I know they have been adversely affected by these events."
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