- Read the full report (1mb download)
Senior police officers investigated in the report include the region's crime manager Detective Inspector Ross Pinkham, Dunedin Clutha area commander Inspector Dave Campbell and experienced detectives Detective Senior Sergeant Kallum Croudis and Detective Sergeant Brett Roberts.
Authority chairwoman Justice Lowell Goddard makes several recommendations including that police tighten policies on the conduct of searches and on conflicts of interest after finding fault with their September 2006 search of the home of Mr Van Essen, who was being investigated for defrauding ACC.
The investigation was carried out by Peter Gibbons, a former Dunedin police detective and member of private investigation firm Mainland Information Consultants, who had a contract with ACC to investigate possible fraud with ACC claimants.
Mr Van Essen complained to police about several aspects of the warrant and search, including that the search warrant lacked any clear description of offences Mr Van Essen was supposed to have committed. In addition the warrant was authorised by Constable Andrew Henderson, Mr Gibbon's son-in-law, an apparent conflict of interest.
The IPCA report says an investigation by Det Sgt Roberts into the complaints, which was reviewed by Insp Campbell, was unsatisfactory "in that it did not address the substance of Mr Van Essen's complaint".
The investigation failed to assess the affidavit used to obtain the search warrants, interview Mr Gibbons or the ACC examining officer, or report on the outcome of a theft complaint by Mr Van Essen, regarding property which had been taken by the officers involved in the search, Justice Goddard said.
A further shortcoming was that the detective's investigation failed to include any reference to the apparent conflict of interest between Mr Gibbons and Const Henderson.
A reinvestigation of the complaint by Southern District operations manager Inspector Lane Todd in June 2007 found that the affidavit was indeed based on incorrect information apparently caused by an error in "cut and paste" on a computer, by Const Henderson.
It also found the decision to put Const Henderson on the ACC portfolio was "flawed" because of his relationship with Mr Gibbons.
In June 2007 the authority started its own investigation.
Justice Goddard said in her recommendations that following the complaint police needed to:
1. Review their policy on leaving copies of search warrants with occupiers of searched properties.
2. Develop policy and guidelines on assisting other agencies with applications for search warrants, and on the involvement of other agencies in execution of search warrants.
3. Take steps to ensure that any member involved in drafting an application for a search warrant is aware of the general principles and protections against unreasonable search and seizure.
4. Ensure that the offence(s) specified in a warrant application are accurately stated and are supported by cogent and relevant evidence.
5. Manage conflicts of interest in public entities.
6. Develop guidelines to protect, and prevent disclosure to other parties of, information on computers seized under warrant.
