NZ police blamed for Solomon trial botch-up

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A Solomon Islands' judge has thrown out evidence in a murder trial because investigating New Zealand and Australian Federal Police officers "forgot" basic procedures, including reading the suspect their rights.

On August 19, High Court judge David Cameron found there were "deficiencies of process" by investigating police in taking two murder suspects' statements.

The AFP are in the Solomons as part of a multidisciplinary force deployed in 2003 that has since restored law and order lost during years of ethnic fighting.

The Australian-led Regional Assistance Mission to the Solomon Islands uses AFP and New Zealand officers as part of the Participating Police Force (PPF) that mentors and assists local police.

But murder suspects William Hence and Geddily Isa, villagers from Guadalcanal's remote Weather Coast, claimed the PPF "tricked" them into giving interviews in the ongoing case of Brother Nathaniel Sado, who was brutally killed in February 2003.

Judge Cameron ruled in their favour to have the evidence omitted, citing "deficiencies of process" and in Hence's case "not being properly advised as to his rights".

AFP Sergeant Natalie Scott said she did not provide Hence with a caution because she forgot, the judge's written ruling said.

Judge Cameron said he was "surprised that an officer of the seniority of Sergeant Scott failed to administer" the warning as there was "ample opportunity to do so".

As such this "tainted the entire interview", he said.

Another AFP member, Officer Darren Booy, said he did advise Hence that any disclosures regarding the Brother Sado murder could lead to jail time.

But Judge Cameron said officer Booy "was mistaken" and this vital information was "never made".

Judge Cameron said Hence was not advised of his right to silence and "had little understanding of what a lawyer actually did".

The AFP sent Sgt Scott, officer Booy and Sgt Emily Ferns to the Solomons' Guadalcanal province in September 2003 to investigate tension related crimes.

The second suspect in the Brother Sado murder case, Geddily Isa, was interviewed in October 2003 by New Zealand police Detective Sergeant Cushla O'Shea as part of the same PPF investigations.

Through a local interpreter police told Isa that if he was there when Brother Sado was killed then he had to tell police what happened.

"One considers this with the (police) omission to advise as to the right to remain silent and the false impression created of prior knowledge by police as to his involvement," he said.

As such, Judge Cameron said the voluntary nature of the interview answers was questionable.

"I note Geddily's evidence to the effect that he considered he had been 'tricked' into answering questions," he said.

Solomons Police Commissioner Peter Marshall told AAP the omission of the evidence was not an embarrassment.

"This is a situation confronted by police officers all around the world.

"I've had statements that have been omitted for whatever reason by judges back in New Zealand and most experienced police officers encounter that from time to time.

"There is nothing extraordinary about that," he said.

A verdict in the Brother Sado murder trial is expected on October 1.

A NZ Police spokeswoman indicated to NZPA they would not be prepared to comment while the case continued and the AFP did not respond to AAP's emailed questions.

- NZPA