OPEN THE DOOR ON XY
Mid 2014
Rovin’s grandmother Aileen Giles meets ex-Ruru staff member (XY) at a social event.
Feb 2015
Aileen Giles contacts ex-Ruru staff member by phone, enquiring about the seclusion room at Ruru Specialist School.
Feb 2015
Turnbulls are interviewed by Terri Johnstone Ministry of Education contractor appointed to investigate complaints. Turnbulls advise Terri Johnstone, during interview, about the ex-Ruru staff member and the discussions had with Rovin’s grandmother.
Mar 2015
Aileen Giles calls ex-Ruru staff member again with more questions – “door to the room was shut, they (students) couldn’t get out” students “highly destressed state”
Ex-Ruru staff member tells Aileen Giles about a (current) staff member that she witnessed punching and stabbing a student and reporting the incident to Principal Erin Cairns
Mar 2015
Aileen Giles rang ex-Ruru Staff member to ask if she could pass on her contact details to Rovin’s parent’s to pass on to their lawyer Jonathan Eaton QC. The ex-Ruru Staff member agreed to this.
Mar/Apr 2015
Jonathan Eaton QC interviews ex-Ruru staff member – ex-Ruru staff member did not want to be known to Ruru school
Notes of interview between JHME and XY dated 1 April 2015 (XY 1)
Early April 15
JHM Eaton QC sends the XY interview notes, to Minister of Education South Island Manager, Murray Roberts
20/4/15
Victoria Turnbull contacts Detective Wyatt asking questions about decision Police made, not to investigate complaint
Minister of Education South Island Manager, Murray Roberts emails Detective Wyatt a copy of the Ministry of Education Report written by Terri Johnstone
21/4/15
Detective Wyatt advises Victoria Turnbull during phone call – Ministry of Education had been in contact with Police regarding the Ministry Investigation Report. Victoria Turnbull asked him if he had also been sent a copy of witness notes. Detective Wyatt asked, “Is that the ex-teacher?” Victoria read XY interview notes to Detective Wyatt during the phone call. He said, “And the Ministry have that do they?” “They’ve got that?” Victoria said, “Yes.”
Detective Wyatt writes in NZ Police Job Sheet that Turnbulls “solicitor has spoken to an independent person who has witnessed children being put into the safe room at the school and has taken a statement from this person, which has been forwarded to the Ministry of Education two weeks ago.” (XY 2)
28 Apr 2015
Turnbulls meet with Ministry of Education South Island Manager, Murray Roberts, Ministry District Manager Christine Menzies, Ministry of Education Regional Manager Julie Anderson and Ministry of Education Contractor Terri Johnstone (audio recorded). At the meeting XY Notes of Interview were read aloud by Callum. Murray Roberts advises Turnbulls he has not provided Police with XY interview notes as the information contradicted information collected by Terri Johnstone.
Callum asked, “Are you prepared to listen to XY?” Murray Roberts replies, “Your lawyer is a QC and I believe he should pass that information to CYF.” “We need to have further discussion but we don’t do criminal investigations.”
May 2015
Turnbulls write to Education Minister Heika Parata and include Notes of Interview between JHM Eaton QC and XY with the letter to the Minister
30 June 2015
Turnbulls write to Chris Hipkins – Labour Spokesperson for Education and provide him a copy of Notes of Interview between JHM Eaton QC and XY
22 July 2015
Turnbulls make formal complaints to the Office of the Ombudsman, which include Notes of Interview between JHM Eaton QC and XY.
18 Sept 2015
Turnbulls send email, with Notes of Interview between JHM Eaton QC and XY, to IPCA Senior Complaints Assessor K Irvine, and explain Detective Wyatt was made aware of the secret witness notes in April 2015, but took no action.
10 Nov 2015
Turnbulls email Senior Sergeant Shona Low, (who is nominated to investigate for IPCA, complaint against Police) the Notes of interview between JHM Eaton QC and XY (XY 3.)
2016
Between January and February, Senior Sergeant Shona Low writes IPCA Investigation Report “A witness (XY) has allegedly completed a statement” “alleged to contain details of other assaults by staff on children at the school” “efforts by myself and Inspector Steele to obtain a copy of this have been unsuccessful” (XY 4.)
4 Mar 2016
Detective Sergeant Greg Baird receives file for investigation
18 Apr 2016
Education Council receive Turnbulls Teacher Complaints and information which includes Notes of interview between JHM Eaton QC and XY
13/5/2016
File received and reviewed by Detective Sergeant Brian Cameron
17/5/2016
Turnbulls meet with Detective Sergeant Cameron. Turnbulls asked Detective Sergeant Cameron if he had seen XY. He said “No”
During interview Callum read aloud the Notes of interview between JHM Eaton QC and XY
19/5/2016
Detective Sergeant Brian Cameron sought advice from Kallum Croudis “Brian to respond to Eaton suggesting that we cannot advance the matter unless informant fronts up with credible relevant information.” “This to be done with a defined end date.”
“Turnbulls spoken to extensively and very little criminal matters arising out of that” “Investigation Plan should be signed off by Inglis as I have a conflict in respect of that matter.”
“Expectations of Turnbulls will need to be managed, as previous file holders may have elevated this beyond what is reasonable.” (XY 5.)
31/5/16
Police meet with Christine Menzies Ministry of Education, Phil Straw Education Council, Jan Oster CYF
All agency representatives had a conflict of interest
Meeting minutes and notes “No contact yet made with either MoE or Police by XY” “April 2015 XY summary first made known to MoE” (XY 6.)
8/6/16
Victoria writes to Phil Straw Education Council requesting file be returned “as indicated, you have had the opportunity to read the information provided, and as it stands no immediate action from the Education Council is likely. Vulnerable children and young people remain at risk.” (XY 7.)
9/6/16
Detective Sergeant Cameron receives contact details for Witness XY from Barrister
“email contact made” “at this time XY wishes to remain confidential” (XY 8.)
30/6/16
“Contact made with XY by phone” “tentative arrangement made to meet 5 July 2016”
Police file notes received under OIA “Ring XYredacted by Turnbulls”. Detective Sergeant Cameron records the name of ‘secret witness’ – XY in the Police file. Even though the record is heavily redacted, the ‘secret witness’ XY’s name is written and unredacted under OIA. “Unable to meet this week. Tuesday next week – will text me with confirmed time place”
Immediately following phone call with XY, Detective Sergeant Cameron contacts Ruru Principal – “Ring Erin Cairns”. This was his first recorded contact with Erin Cairns. (XY 9.)
30/6/16
Detective Sergeant Cameron emails Erin Cairns “As discussed” “I am hoping to clarify those unspecified allegations early next week and will be able to then elaborate on any detail subsequently gained, so as to fully inform you of the nature and scope of those alleged complaints.”
1/7/16
Ruru Specialist School lawyer Garth Gallaway emails Detective Sergeant Cameron responding to the email to Erin Cairns dated 30/6/16. “In your telephone conversation with Ms Cairns, I am instructed that you referred to further ‘unspecified allegations’ (and they are mentioned below). If the Police are investigating further allegations please outline what they are and who has made them.”
1/7/16
“Not long after receiving“ the email from Ruru Specialist School lawyer Garth Gallaway (1/7/16 3.50pm) XY contacts Detective Sergeant Brian Cameron “who has stated they no longer wish to be involved”
4/7/16
Detective Sergeant Brian Cameron writes email to Ruru Specialist School lawyer Garth Gallaway “these related to a document provided to police from Jonathon EATON QC in May this year from a person identified as secret witness XY” “I had hoped to have met with XY tomorrow to elicit detail which I could discuss with Erin however not long after receiving your email I was contacted by XY who has now stated they no longer wish to be involved – as such there can be no further investigation into those allegations at this time.” (XY 10.)
4/7/16
Callum Turnbull rings Detective Sergeant Cameron, who tells Turnbulls, “(XY) Advised was coming forward but has since declined.” (XY 11)
4/7/16
Callum calls XY. She said “she will talk with Police” “has changed her mind and will meet with DS Cameron” “He told her he would not protect her name from being known and she was concerned about that”
”she saw Rovin being put in the room at least 3 times in the last year she worked at the school (2012), which was not recorded in the MoE report” ”she saw Rovin being dragged into the room.” (XY 12)
5/7/16
9.39am Detective Sergeant Brian Cameron emails lawyer “I would ask that you too respect XY’s privacy” “as Callum has stated that he intends to follow this up”
5/7/16
XY called Turnbull’s lawyer “Unfortunately she has changed her mind again.”
6/4/2017
Aileen Giles provides Police a signed statement regarding her contact with ex-Ruru staff member (XY 13)
20/4/17
Detective Sergeant Brian Cameron writes to Aileen Giles “The information will be added to the investigation file” (XY 14)
12 April 2017
Chief Ombudsman Judge Peter Boshier writes to Turnbulls “the session we had with the School was informative and open. I am in a position to be able to convey much information to you and the question now is, how best should that be done. I have put to the School one or two suggestions and have asked them to come back to me.” (XY 15)
12 May 2017
Chief Ombudsman Judge Peter Boshier writes to Turnbulls “Under the Ombudsman Act 1075, an Ombudsman may hear or obtain information from such persons as he thinks fit, make such enquiries as he thinks fit, and regulate his procedure in such manner as he thinks fit (section 18(3) and 18 (7).” “it is not a ‘hearing’ but rather a stage or platform which gives me the ability to hear directly from people I want to and for others to hear” “Those that I want to hear from will be requested by me to be present and I will indicate that I require them to attend if they do not wish to do so voluntarily.” He explained when the “person’s participation is then concluded and they can either stay or leave.” (XY16)
19 May 2017
Turnbulls write to Chief Ombudsman Peter Boshier referencing “Points raised with Anna Down during phone call” on 13 May 2017. “We would like to know if you have any intention requesting to talk to witnesses who have information that differs from the school’s disclosures. “For example:” the ex-Ruru staff member “referred to as XY in Notes of interview between J Eaton and XY 1/4/15.” “We do not believe the stage or platform you are proposing is conductive to obtaining the truth.” “This would allow for intimidation or stand over tactics from those with power.” “For others to hear and participate limits the chances of people being open and honest, and uninhibited. “For example” XY “has requested she does not want to be known to the school as she fears reprisal, and this was the reason she gave us for not speaking with Police.” (XY 17)
25/5/17
Chief Ombudsman Peter Boshier writes to Turnbulls with a list of who he “asked to hear from”.
29/5/2017
Anna Down Acting Senior Investigator for the Office of the Ombudsman emails Turnbulls requesting contact details for ex-Ruru Staff member (XY)
Turnbulls provides XY details to Office of the Ombudsman
9/6/17
Turnbulls lawyer emails Anna Down “Have all the people asked to attend” (including XY)”indicated they are coming?”
9/6/17
Anna Down emails Turnbulls lawyer Amanda Hill “At this stage it is highly unlikely that XY will attend.” However, we are making further enquiries” “with a view to obtaining” “any relevant information they hold.” She advises Turnbulls lawyer the School is unaware the Chief Ombudsman was seeking the attendance of the ex-staff member (XY) (XY18)
13/9/17
Chief Ombudsman Peter Boshier writes to Turnbulls “I have now received and considered the responses to my provisional opinion” “Please find enclosed a copy of my second provisional opinion.” “You will note that my report does not refer to communication between my Office and” XY. XY “declined to provide my Office with any further information and, as you know, she has maintained a very strong wish to remain anonymous.” (XY 19)
4/10/17
Turnbull respond to the Office of the Ombudsman Provisional Opinion, “19. Your letter dated 13 September 2017 states” XY “declined to provide my Office with any further information. This suggests that the information she had previously provided J Eaton QC which he summarized in notes 1 April 2015, stands. Under the Ombudsman Act 1975, you did not use your authority to collect more information from her, and your provisional opinion disregards her witnessed accounts of how management and staff at Ruru used restraint and seclusion, as well as the details of staff assaulting students.” “20. Your provisional opinion gives no regard to the signed Police statements made by Aileen Giles, or Callum Turnbull in relation to the contact they both had with” XY. (XY 20)
7 Nov 2017
“I have now formed my final opinion in respect of this investigation” “I can confirm that I did consider using my authority under the Ombudsman Act to summons” XY. “There was a number of factors relevant to my decision not to do so. While I am not at liberty to discuss these with you, your concern that” XY “became more reluctant because of the way she was handled during investigations does not accord with my assessment of the situation. (XY 21)