The Evening Post
March 18 1995
Childcare probe may be beyond Authority
Police Complaints Authority Sir John Jeffries says he may not have
jurisdiction to investigate the Christchurch Civic Childcare Centre case.
The Authority has been called on to examine aspects of the police
investigation on the case.
But Sir John said it was too early to forecast the outcome of any examination
into aspects of the police investigation, and the issues raised appeared
wider than his Authority. The Authority's job was to look in to cases of
police misconduct, but this was an employment issue.
A spokeswoman said Police Minister John Luxton had received a letter from a
solicitor connected with the case which would be passed to Police
Commissioner Richard Macdonald.
Mr Macdonald would hand the letter to the Authority. Sir John said he had not
received the letter.
The letter raised several concerns about the police investigation but Mr
Luxton did not want to discuss the matter further, the spokeswoman said.
Gerald Nation, the lawyer for four creche workers who faced criminal charges
as a result of the investigation, said an inquiry was justified after the
charges were dismissed in 1993 and was justified now.
Creche workers were awarded $1 million in compensation by the Employment Court
for procedural unfairness in the way their jobs were lost when the creche
closed in September 1992.
Something went badly wrong with the police investigation after creche worker
Peter Ellis was arrested in March 1993, Mr Nation said.
After Ellis's arrest, the investigation was widened and the women were
charged on very weak evidence.
Mr Nation said the social climate at the time of the police investigation and
the attitude and philosophy behind it generated a willingness to believe any
allegation creche children made.
If the council had asked a few more questions before deciding to close the
creche, someone from the police might have taken a closer look at the
investigation.
Creche worker Ellis's bid to appeal to the Privy Council is in the hands of
Attorney-General Paul East.
Ellis is currently serving a 10-year sentence for sexually abusing children
in his care at the creche.
Meanwhile, Christchurch City Council is investigating whether insurance will
cover the $1 million personal grievance payout to the Civic Childcare Centre
workers it dismissed.
Unless an insurance claim is successful, Christchurch ratepayers will bear
the cost of the payout.
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