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The Dominion
June 9 1995
Government decides not to hold creche inquiry
A Government decision not to order an inquiry into the Christchurch
Civic Childcare Centre abuse case has angered supporters of convicted
molester Peter Ellis.
Attorney-General Paul East said yesterday that after careful consideration
the Government decided an inquiry was "not appropriate".
The issues had been adequately examined by the courts and it could not be
argued the judicial process had failed, Mr East said.
Disappointed supporters, including the four woman creche workers charged and
sacked, pointed to the disparity between judgments by the Employment and High
Courts and vowed "the fight would go on".
Mr East said the Government had been conscious that concerns about the
conduct of government agencies, the prosecutions of the workers and the
closure of the creche had been the subject of scrutiny and judgment by the
courts in the trial processes brought against Ellis and the other workers,
and by the Employment Court.
"Where the courts have determined issues in the course of the legal
process, governments in the past have not considered inquiries desirable
unless there is evidence of abuse of the court process or a failure of the
legal system itself. In the Government's view, neither has taken place in
this case."
At pretrial hearings before the High Court in 1993, charges against the four
former creche workers, brought in 1992, were dismissed.
Mr East said the judge had concluded that the prosecution was brought by the
police in good faith, that there was sufficient evidence at the time to
warrant the start of the prosecution, and that the prosecution was conducted
in a reasonable and proper manner.
The concerns raised about the investigation of the case had also been
addressed by the Court of Appeal in the criminal trial brought against Ellis.
"In the criminal proceedings involving the women workers at the creche,
it is to be remembered that the court has discharged the accused who
accordingly have been acquitted of the criminal charges," he said.
"In a real sense, therefore, the justice system can be seen to have
worked and taken into account matters of fairness to the women concerned in
the decision to discharge them.
"This is not a case where there is concern as to unfair convictions, nor
can it be said that the judicial process failed."
Mr East said that regard had also to be given to the effect any inquiry would
have on parents and children who attended the creche and were involved in the
investigation and trial.
Marie Keys, one of the four sacked creche workers, yesterday said all four
women were "obviously disappointed" with the decision. But lawyers
acting for the group were continuing their battle "working on other
strategies".
Victoria University sociology professor Mike Hill, an acknowledged expert on
ritual abuse and one of two people writing a book on the creche case, called
the decision "terribly disappointing but expected".
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