The victim of a 1989 pack rape in Mt Maunganui says the decision to keep one of the rapists in jail raises questions about the freeing of another.
The Parole Board has denied parole to former police officer Bob Schollum, who is serving an eight-year sentence for rape, unlawful sexual connection and abduction for sex.
In a decision issued yesterday, the board says he has shown no remorse and remains “an undue risk to the safety of the community”.
Schollum, fellow ex-policeman Brad Shipton and millionaire Peter McNamara were convicted in 2005 of the 1989 rape in Mt Maunganui, when their victim was 20.
McNamara was freed on parole in January after the Parole Board found he presented no risk. A judicial review of that decision is scheduled for June. Shipton is eligible for parole in May.
The victim said yesterday that she was relieved by the decision not to parole Schollum. “It was about time something went right for me.”
But it raised questions in relation to McNamara, she said. “I’m mindful that they’ve still got the Shipton application ahead and I hope the board will apply the same reasoning as the Schollum one. There should be more consistency in the decisions.”
Her lawyer, Nikki Pender, said the same facts used to deny parole to Schollum applied to McNamara. “It does show how unclear the law is in this area and we’re looking forward to clarification.”
The victim came forward after Louise Nicholas went public in 2004 with claims that she was repeatedly raped by Schollum, Shipton and serving senior police officer Clint Rickards in Rotorua in the 1980s. All three were acquitted in 2006, but Schollum and Shipton were already in jail for the 1989 rape.
The Parole Board decision says Schollum vehemently maintained his innocence.
The board was concerned that he held the same views he had in 1989 - that he was entitled to have sex with the victim in a pack rape based on his perception that she was “hot for it”.
“This is very troubling, considering the facts of the case and the balance of power with five adult men versus one 20-year-old woman,” the board said.
Schollum’s only remorse was his regret about being in police uniform. He had no empathy with the victim or “any perception of the violence inflicted on her”.
The decision says he is an undue risk till he has “meaningful counselling or therapy”.
Schollum’s lawyer, Michael Bott, said the “particular panel” of the board had adopted a novel approach to risk. “They are effectively expecting a person who maintains their innocence to express remorse for something they say they haven’t done.”
That was “logically inconsistent” and went against case law, he said.
The board’s decision says Schollum, his lawyer and his family maintained that a lot of time had passed since the offending and he was in a settled relationship with his wife, who was a protective factor. A psychologist has assessed his risk as low.
But the board says a psychologist’s assessment is not a guarantee of parole. His wife might be a protective factor but, if the marriage faltered, his risk would increase “markedly”.
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