Sex assault allegation against Labour staffer not supported

The Labour Party inquiry into a former staffer’s alleged sexual assault has found the allegation cannot be substantiated.

The report found inconsistencies in the alleged victim’s versions of events – particularly with regards to an email sent to the party. The inquiry could not establish other allegations of sexual assault against the staffer but could substantiate complaints about ‘‘aggressive and overbearing’’ conduct. However, this did not meet a criminal standard of bullying. The man at the centre of these allegations said in a statement that the report made clear the ‘‘serious allegations did not happen’’. ‘‘As the report states, the serious allegations made against me are untrue. The information, witness statements, and messages considered by Maria Dew QC provided compelling evidence to support this finding.’’

One of the complainants said she was ‘‘shattered’’. ‘‘The party have gotten themselves off the hook,’’ she told Stuff.

Prime Minister Jacinda Ardern said ‘‘harm had been done to everyone involved’’.

Lawyer Maria Dew conducted the inquiry independently for the Labour Party after the allegation was made public earlier this year.

It involved interviews with the staffer, five alleged victims, and 16 others, as well as a review of more than 28,000 Facebook messages and texts between the alleged victim and staffer.

The executive summary was released yesterday afternoon after being received by the party on Tuesday evening.

The staffer at the centre of the allegations has since resigned but will not lose his party membership or face any other party disciplinary actions. He accepted that his behaviour had been ‘‘too overbearing and aggressive’’ at times and that he had made comments of a sexual nature to three female complainants.

The report says the victim’s account of the alleged sexual assault ‘‘was incorrect in several critical respects in relation to the events of that evening’’.

It noted the alleged victim and staffer had been in a consensual relationship for eight months at the time but Dew noted prior sexual consent did not mean it was continuous. ‘‘However, [the alleged victim’s] recollection of material events about the evening in February 2018 was clearly incorrect. Her allegation was also inconsistent with her own numerous contemporaneous Facebook messages with the respondent.’’

The alleged victim accepted as part of the investigation that she provided misleading information to the investigation itself and the party about an email sent in early March of 2019. This email was alleged to have contained an attachment detailing the alleged assault but the report found on ‘‘the balance of probabilities’’ it did not.

Another inquiry into the Labour Party’s handling of the complaint has yet to be completed. The saga led to the resignation of party president Nigel Haworth. New president Claire Szabo said that regardless of the finding, the party had failed those involved. ‘‘Regardless of the findings from Maria Dew, the party’s previous processes failed everybody and have taken a toll on all involved,’’ Szabo said.

‘‘The party’s previous processes failed everybody.’’

Claire Szabo Labour Party president