Sam
Sherwood, National Crime
Correspondent
Former National Party Cabinet minister
Aussie Malcolm likely engaged in coercive and/or criminal
sexual conduct with “multiple young boys”, a police review
reveals.
Anthony ‘Aussie’ Malcolm died
in September last year aged 83. Following his death it
was revealed there had been at
least three police investigations into alleged sexual
abuse.
Police then launched a review of historical
complaints in relation to Malcolm. A summary of the review
was released to RNZ on Monday under the Official Information
Act.
The document says a review was initiated
following referrals from the Royal
Commission of Inquiry into Abuse in State Care
concerning historical sexual assault allegations against
Malcolm.
Allegations spanned from 1992 to 2018 and
involved multiple complainants, all male and underage at the
time of the alleged incidents.
The
complaints
The review looked into six complainants –
referred to as A, B, C, D, E and F.
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Complainant A,
whose allegations were from 1992, alleged repeated sexual
abuse between the age of 15 and 19. The investigation found
“credible evidence”, but no prosecution was carried out due
to legal limitations such as age ambiguity and perceived
consent.
The allegations were supported by a
corroborative affidavit from Complainant B, who described
“grooming behaviour by Malcolm”.
Complainant C’s
allegations were from 2012. They alleged sexual abuse at age
nine-10 while staying with Malcolm.
“Investigation
concluded insufficient evidence for prosecution, citing
custody disputes and lack of corroboration,” the review
said.
“Earlier complaints (eg. Complainant A) were not
accessible to investigators due to recordkeeping
limitations.”
Complainant D, whose allegations were
from 2018, alleged physical and sexual abuse while in
Malcolm’s care. The complainant initially disclosed abuse
but later retracted, “blaming his mother for fabricating the
claims”.
A social worker and psychological assessments
supported the retraction, halting further
action.
Complainant E came to police in 2024, after
Malcolm’s death, and alleged they were molested in 1977 when
they were 11.
Complainant F also went to police after
Malcolm’s death in relation to allegations from 2013. The
woman, 38 at the time, alleged indecent exposure and two
allegations of indecent assault.
The findings said all
three cases, (Complainants A, C and D) were investigated
thoroughly and in accordance with the protocols of the time.
No prosecutions occurred due to several factors, including
legal thresholds not being met, retractions by complainants
and a lack of access to earlier case files due to
pre-National Intelligence Application
record-keeping.
The review said Malcolm’s alleged
behaviour followed a consistent pattern of targeting
vulnerable boys aged nine-16, gaining trust through
fostering or mentorship, isolating victims and initiating
abuse in private settings, and ceasing advances when
directly rejected.
“Similarities across cases suggest
a clear modus operandi and potential for propensity evidence
under current legal standards.”
Malcolm’s death ended
any possibility of prosecution.
“A consolidated
investigation was under way at the time of his death, aiming
to reassess all complaints collectively.
“New
complainants (E, F) and informants have since come forward,
and their information is being documented for support
purposes.”
The conclusion
The review concluded
Malcolm “likely engaged in coercive and/or criminal sexual
conduct with multiple young boys”.
“While no charges
were laid during his lifetime, the cumulative evidence – had
it been available and considered together – could have
supported prosecution, particularly in the Complainant C
case.”
“The review highlights systemic issues in
historical file retention and inter-agency communication,
which hindered earlier detection and
action.”
Detective Superintendent Darryl Sweeney said
in a statement to RNZ police had contacted the complainants
to fully explain the circumstances of their individual cases
and update them on the findings of the review.
“I want
to take this opportunity to acknowledge the victims and the
courage they have displayed in coming forward. This review
was important for them, but it was also an important
opportunity to identify any lessons for police.”
He
said the review highlighted systemic issues in historical
file retention and inter-agency communication, which
hindered earlier connection of the various complaints
against Malcolm that were received and actioned by police
over three decades.
“Modern police file management
systems, as well as oversight from three territorial
detective superintendents, ensures victims and offenders can
be linked much earlier to identify possible patterns of
offending.”
Malcolm was first elected as MP for Eden
in 1975 defeating the then-upcoming politician and future
Prime Minister Mike Moore. He held one of New Zealand’s most
marginal electorates for three elections, but was defeated
when National lost power in 1984.
A staunch supporter
of then Prime Minister Robert Muldoon, he was promoted to be
a parliamentary under-secretary in 1978 and to Cabinet in
1981. He served as immigration minister from February 1981
and was also appointed to the contentious health portfolio
after the 1981 election.
As immigration minister he
approved the visas given to the South African rugby team,
allowing their controversial
tour of New Zealand to go ahead.
After his
election defeat he set up one of the first immigration
advice consultancies, Malcolm Pacific Immigration, and was
prominent in the Association of Migration and Investment,
cowriting its code of ethics.
In 1986 and 1987 he was
one of the businesspeople backing New Zealand’s first
America’s Cup Campaign.
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