Police Bias on Domestic Violence

by the late Alan Sutherland

30. August 2000
Re: Assault by Female

On July 8^th 2000 Mr. Kevin Rutter was assaulted and abused by his former wife, Miss Hazel Walker. It had been arranged by the parties’ respective legal counsel for Miss Walker to attend Mr. Rutter’s home to uplift personal items. It had also been arranged for Miss Walker to have her mother present as support person.

I live as a paying guest in Mr. Rutter’s home and had just arrived back at 1015 with my 2 daughters, aged 11 and 7. Miss Walker had arrived some seconds beforehand and had three persons with her – her mother, her sister, and an unknown male. They had arrived in a truck and that truck was parked in the driveway, blocking in Mr. Rutter’s car.

Mr. Rutter’s fiancée Mrs. Vacharakiet came to me and asked if she could remain in my room with my daughters until she could leave the property. Apparently the respective parties had agreed that Mrs. Vacharakiet was not to be present at this time, but neither Mr. Rutter or Mrs. Vacharakiet or Mr. Rutter’s counsel had been informed of when Miss walker would attend the property.

Mrs. Vacharakiet asked me if I would arrange for the truck to be moved so she could leave in the car. I went upstairs. Mr. Rutter, Miss walker, and her support persons were in the kitchen and Miss Walker was rummaging through the kitchen cupboards for some personal possessions. As I entered the kitchen, I saw Miss Walker rush at MR. Rutter, stopping right in front of him, hitting him with her arm, and raising her leg as if to knee him in the groin. Mr. Rutter did not react. Miss Walker’s support persons witnessed this assault also. Apparently Mr. Rutter had requested Miss walker to repack items taken from the drawers/cupboards and left discarded on the floor.

Miss walker then went into the computer room to look for items. Mr. Rutter and Miss Walker’s mother also went into the room. I heard Miss walker abusing Mr. Rutter and obviously trying to goad Mr. Rutter into an action detrimental to his best interests. Mr. Rutter began to respond to Miss Walker’s taunting and abuse, and I therefore went into the room and advised Mr. Rutter to leave the room. I then advised Miss Walker of Mr. Rutter’s rights under the law, and I was going to ensure she did not abuse him. Miss Walker then verbally abused me. I informed Miss Walker that should her behaviour continue I would ring the Police and have them remove her from the property.

Some 30 minutes or so later, Miss Walker, Mr. Rutter, Miss Walker’s mother, and sister were in the workshop downstairs. I was in the adjacent laundry looking through the doorway. Miss Walker again abused Mr. Rutter and tried to goad him into a response. When I advised Mr. Rutter not to respond Miss walker tried to talk me down, and when I ignored her actions she told me to “F...k off.”

Later in the day Mr. Rutter went to the Avondale Police Station and spoke to Constable McNair. After some discussion Constable McNair noted some details in his notebook and stated to Mr. Rutter that the Police would speak to Miss Walker in respect of her behaviour. However, Constable McNair did not ask pertinent details such as Miss Walker’s name, address, or telephone number. Constable McNair also informed Mr. Rutter the Police would not investigate his complaint as the Court would not find against a female assaulting a male He did however agree that had the situation been reversed he would have had no option other than to arrest Mr. Rutter for assault.

Upon hearing this later in the afternoon, I rang the Avondale Police Station and spoke to a Sergeant in the Watch House. He was aware of Mr. Rutter’s complaint but told me the Court would not find a female guilty of assaulting a male but the Police were obliged to take a complaint. We also discussed relevant sections of the Crimes Act, the Domestic Violence Act and evident discrimination against males in general and Mr. Rutter and particular.

On the morning of 11^th July, I telephoned and spoke with Senior Sergeant Sutton, O/C Avondale Police Station, in respect of these matters. Snr. Sgt. Sutton requested that Mr. Rutter come to the Avondale Station and one of .his officers would take the complaint.

Mr. Rutter made his complaint and the matter was referred to Avondale CIU. The file was subsequently actioned by Constable Wichmann, Mt. Roskill Community Constable. This was apparently at the request of Snr. Sgt. Sutton as his officers were busy investigating 20 armed robberies in the district.

Some two weeks or so after the fact, Constable Wichmann spoke with Mr. Rutter and Mr. Rutter subsequently informed me that the Police seemed to be extremely reluctant to proceed and he had to justify his every action. Constable Wichmann then went on leave and upon his return from leave informed Mr. Rutter that the Police would not proceed with his complaint of assault at the hands of Miss Walker. No explanation was given.

Mr. Rutter is extremely concerned at the apparent bias and discrimination against him in this matter. The Police officers involved both agreed with Mr. Rutter’s statement that had the situation been reversed, then he would have been arrested forthwith, charged with the offence Male Assaults Female, and detained in custody.

Regards,

Alan Sutherland

N.B. These views are those of the author and not necessarily those of the NZ Equality Education Foundation.

Last Update: 5 December 2008

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