No charges after top cop accused of rape

04:54, Apr 08 2014
TOP COP: Counties Manukau Detective Inspector Mark Gutry.
TOP COP: Counties Manukau Detective Inspector Mark Gutry.

A high-ranking Auckland police officer will not face criminal charges after a woman accused him of rape, but he may yet lose his job.

Counties Manukau Detective Inspector Mark Gutry, who is married with children, was accused of the sexual offence last year.

The complainant - who contacted police 10 months ago - was flown to Wellington yesterday to be told by Crown lawyer Kate Feltham "there wasn't enough to meet the evidential threshold" to put the top cop before the court.

Speaking to Fairfax Media from Wellington, the woman said she did not know how to feel since hearing the decision.

She now clung on to the hope that the internal investigation into Gutry's behaviour would see him kicked out of the police force, she said.

The woman told investigators they met nearly four years ago when she was working as a prostitute.


She claimed Gutry - who has led a number of high-profile homicide inquiries - initially visited her as a client, paying for sex.

She said those sex sessions happened while he was working, which is a breach of police rules.

Police have no formal restrictions on officers having sex with prostitutes, which is a legal profession, but prohibit such contact during work hours.

The rape allegation came from August 2010, which happened on the officer's second or third visit with the woman.

Initially the experienced officer was allowed to keep working while interviews took place but Counties Manukau District Commander John Tims eventually stood him down after Christmas.

Police National Manager of Child Protection and Sexual Violence Detective Inspector Tusha Penny came to Auckland from Wellington to run the investigation.

It is understood the investigating team analysed the man's activity on the police computer - the National Intelligence Application.

Today police said the "thorough investigation" turned up insufficient evidence to initiate criminal proceedings.

A code-of-conduct investigation was ongoing.

"We take such allegations very seriously," Tims said.

"We rightly expect high standards of behaviour from our staff and we have robust processes in place to deal with such complaints.

"We are also working closely with the complainant to keep them informed of the steps we are taking."

Tims said Gutry would remain away from work until the completion of the internal investigation.

Fairfax Media