He accepted some ''indefensible behaviour'' had taken place among police in relation to the case, but said although ''it took a long time to resolve and get to the facts of the matter ... at least the system works'' and the right outcome was reached.
''What the public need to know is there's always going to be indefensible behaviour. What's important is that when it comes to light it's dealt with appropriately,'' he said.
When asked if more than eight years was an appropriate length of time to wait for a conclusion, he said: ''Everyone ... involved would have liked a much quicker resolution''. However, ''all the facts eventually all came to light''.
When pressed on his thoughts about senior officers involved in the case avoiding disciplinary action, he said: ''Police are not above the law, but they aren't below it and there's got be to rules which apply to procedure''.
The report highlighted the poor handling of the investigation of the crash and called into question then Senior Sergeant Michael Cook's supervision of the case as acting Otago rural area commander.
Inspector Cook still serves in Alexandra and attempts to contact him yesterday were unsuccessful.
''These events took place over eight years ago and the officers involved are no longer with police,'' the statement read.
An emailed response from the Otago Daily Times to Mrs Tolley's office pointed out a number of officers involved in the case, including Insp Cook, were still working for police and asked:
• If she felt it was appropriate the officers would not face disciplinary proceedings considering the report was critical of the conduct of several of the officers?
• How could the public have confidence with those involved in the case?
• Whether Insp Cook's appointment to the Southern district's policing excellence project was appropriate considering the findings of the Independent Police Authority's investigation?
Mrs Tolley replied: ''This took place a number of years ago, and police have acknowledged that it was not handled properly''.
''I can't get involved in police staffing issues, but I'm advised that important lessons have been learned.''
The authority's findings stated while Insp Cook was subject to a criminal investigation and cleared, there was ''no indication that police have specifically addressed the performance issues relating to his supervision of the Ford/Cribb crash investigation''.
The authority found police should have taken action to deal with those concerns.
John Priebee, a former Alexandra police sergeant who told his then bosses he was unhappy with the way the investigation was being handled is pleased ''it's all come out in the wash now''.
Mr Priebee was a highway patrol officer in 2005 when a police ute driven by Senior Constable Neil Ford collided with a car driven by Mr Cribb, then aged 17. Mr Cribb was blamed for the crash and convicted of careless use of a vehicle causing injury, but the conviction was later overturned.
Ford and Constable Dairne Cassidy, who was assigned to investigate the crash, both later faced criminal charges as a result of their part in the botched investigation. Ford denied a charge of perjury but was convicted and Cassidy admitted attempting to pervert the course of justice by failing to disclose a statement made by Ford at the crash scene.
Mr Priebee told the authority's investigator he and Const Cassidy were concerned she had been asked to carry out the investigation into the crash as she was a non-commissioned officer and had limited traffic knowledge. He had raised the matter with his bosses but was told to ''stay out of it.''
Asked for comment about the IPCA report yesterday, Mr Priebee said: ''I'm disappointed in how the supervisors conducted themselves at the time of this crash. They know that they stuffed up.''
He left the police in 2007 to pursue other opportunities and is now involved in the real estate industry.
''In that industry, under the law, you can still be liable for something years later, so it seems strange that police can't be held accountable for something that happened years ago.
''That doesn't seem right and I bet other people think the same.
''It's all come out in the wash now though, and I'm kind of glad it has.''
• Mr Ford and Ms Cassidy, who both still live in the Alexandra area, could not be contacted yesterday for comment.
The timeline
The case since the July 14, 2005 crash in Earnscleugh Rd:
July 14, 2005: Collision in Earnscleugh Rd between Shane Cribb's Honda vehicle and Holden Rodeo driven by Senior Constable Neil Ford. Officer in charge of investigation is Constable Dairne Cassidy. Mr Cribb charged with careless use of a vehicle and causing injury.
December 28, 2005: Steve Potter writes to the Police Complaints Authority (as it was then), about how the police investigation has been carried out. Tells PCA he has pointed out to then Senior Sergeant Mike Cook the inconsistencies in Ford's account of accident; lack of action by police to properly investigate an accident that could well lead to accusations of bias; willingness of police to allow a young person to be ''falsely accused''; allegedly unprofessional behaviour of Const Cassidy; no written report from police investigator Trevor Buchanan. Asks for charges against Mr Cribb to be dropped.
January 17, 2006: PCA says it cannot direct police to drop charges. When court proceedings completed, Mr Cribb or Mr Potter on his behalf can return to the authority about any issue not addressed in court.
February 15, 2006: Mr Cribb appears for defended hearing - convicted (reserved judgement by Judge Stephen O'Driscoll on March 9). Judge O'Driscoll accepts Ford's evidence on his vehicle's position before the accident. ''Following the defended hearing, the defence made contact with a number of witnesses who had either not been interviewed by police or were not required to give evidence,'' the judge said. Defence engaged a further expert witness to provide an opinion on the collision.
May 18, 2006: Mr Potter again writes to PCA and reiterates concern about the case. Says a great injustice has been done and mentions the possibility of lodging an appeal.
May 31, 2006: PCA responds, says Mr Cribb has a right of appeal.
May 2007: Southern district road policing manager Inspector Andrew Burns responds to letter by Potters, which was sent to Police Commissioner. Insp Burns says, ''I can confirm this matter has received a high level of scrutiny, both internally and externally. There is no additional information arising that challenges either the integrity of the investigation or the reliability of the evidence presented at the Alexandra District Court.''
September 2007: Insp Burns refers crash file to the national crash adviser for external review, to determine position of vehicles before the crash.
October 2007: The resulting Raine report is received by police. It endorses what Mr Cribb said about where Snr Const Ford's vehicle was before his turning manoeuvre.
January 2008: Application for a rehearing made and granted. Submits, in support of the rehearing, that material evidence not readily obtainable during the defended hearing has become available and to deny a rehearing will be a miscarriage of justice. Judge O'Driscoll: ''I was satisfied that the cumulative effect of the proposed evidence of two witnesses was such that it was in the interests of justice and fairness to grant the application.'' Date for rehearing set for June 19, 2008.
March 20, 2008: Potters write to Police Commissioner Howard Broad suggesting he should investigate the matter further because of ''serious and disturbing account about this case''. Letter acknowledged April 7.
April 15, 2008: Letter from Independent Police Conduct Authority says it has received a transcript of the court decision ordering a rehearing. The IPCA ''cannot intervene in the prosecution process'' and it's not its role to consider issues court has to decide upon.
April 20, 2008: Potters write to IPCA complaining about authority not investigating police actions.
May 7, 2008: IPCA replies and forwards copy of letter to Commissioner of Police. Police Commissioner acknowledges receipt of letter.
May 12, 2008: Mr Potter writes to then district commander Phil Jones to outline his concerns on how long it is taking to reinvestigate the accident (20 months since retrial ordered). Mr Potter says it is inappropriate for Mike Cook to review the information. Also concerned at toll on Mr Cribb, who has ''his life on hold''.
June 19, 2008: Police indicate no evidence will be offered and the charge against Mr Cribb is subsequently dismissed. Mr Cribb applies for costs.
September 19, 2009: Judge O'Driscoll awards $17,900.45 costs to Mr Cribb. ''I am satisfied that the investigation of the crash by police, prior to charges being laid against the applicant [Mr Cribb] was less than satisfactory, and not in accordance with best practice,'' the judge says. There was not an ''independent'' investigation of the crash, nor did police provide the court ''independent'' evidence at the defended hearing.
June 4, 2009: Neil Robert Ford appears in Alexandra District Court, charged with perjury. Name suppressed.
November 9 and 10, 2009: Ford's depositions hearing, Alexandra District Court, details are suppressed.
April 30, 2010: Alexandra police officer Dairne Olwen Cassidy (39) charged with attempting to pervert the course of justice by failing to record or disclose a statement.
August 13, 2010: Cassidy appears in Dunedin District Court and pleads guilty to the charge.
August 16-20, 2010: Ford's trial in Dunedin District Court before Judge Paul Kellar and a jury. Ford found guilty of perjury.
September 28, 2010: Ford sentenced to 28 months' jail.
November 17, 2010: Cassidy sentenced to seven months' home detention.
August 2011: Ford released early from prison, after serving less than a year of his sentence. He told the Parole Board in early July he accepted responsibility for giving the false evidence that led to Mr Cribb being wrongly convicted of careless driving.
Yesterday: IPCA releases report into the matter.
The whole story
- 'Multiple failings' by police ...
- Confidence in Alexandra policing...
- Campaigning couple feel efforts vindicated ...
- Seeing another side to court ...
