The Christchurch Civic Creche Case

News Reports Index

1995



Television New Zealand
July 27 1995

Ellis through the Looking Glass
Assignment

Presenter:        Susan Wood
Reporter           Rod Vaughn
Director            Dianne Musgrave
Producer          Carol Hirschfeld
Executive Producer   Mark Champion

Précis
Peter Ellis was jailed for sexually abusing children at the Civic Child Care Centre creche (Christchurch) but his supporters believe there has been a grave miscarriage of justice and are demanding a public inquiry. Assignment scrutinises the evidence that convicted him and presents facts and opinions the jury never heard.

Shotlist

00:00      PRESENTER Susan Wood to CAMERA introducing Ellis Through The Looking Glass.

01:17      MONTAGE GVs Christchurch City cemetery and church

INTERSPERSED GVs unidentifiable young children and Satanic rituals.

01:39      V/O unidentified woman re abuse of children and threats to enforce secrecy.

01:50      CU PAN newsclips re Satanism and Satanic rights.

02:06      I/V Professor Michael Hill, Victoria University, Wellington, re influence of visiting American lecturers, so-called experts in Satanic abuse, they brought the material to New Zealand and then claimed that since these activities were happening in the States similar things must be happening in New Zealand.

02:16      HA MS PAN Christchurch city buildings shrouded in fog

V/O REPORTER Rod Vaughan re rumours of child abuse were rife in a city people feared was becoming sleaze city, no police evidence to support fears.

02:47      I/V Winston Wealleans re it was hysteria and away it went, policemen who were looking for these things who believed there was widespread sexual abuse out there in the community.

03:00      HA WS ZOOM IN to MWS church.

03:06      CU sign "Civic Child Care Centre",

WS Cranmer Centre building,

(SF) (CH) GVs unidentified children playing outdoors at Civic Child Care Centre creche (Christchurch).

03:31      I/V mother (IDENTITY OBSCURED) re child commenting he didn't like Peter's black penis, saying he had seen Peter's penis in the sleep room.

03:44      (SF) (CH) GVs INT Civic Child Care Centre creche (Christchurch), caregiver and child, children and toys.

03:59      MWS photograph,

ZOOM IN to CU Peter Ellis in photograph.

04:15      I/V father (IDENTITY OBSCURED) re Peter Ellis did not act alone, it was organised and systematic method of abuse.

04:21      LA MS TILT DOWN Christchurch District Court.

04:28      (LCT) 1992 Peter Ellis walking to court to face charges of sexual abuse,

(LCT) four women, co-workers of Peter Ellis, walking to court to face charges, family members walking with them.

04:47      I/V Gaye Davidson, former creche supervisor, re I just couldn't believe that people could think I was capable of doing the things I was accused of, couldn't believe that the creche was harbouring such a group of people and yet carry on with the atmosphere it was carrying on, it took me a long time, in fact I don't think I fully trust people now because of what has happened to me.

05:08      (LCT) GVs women who were charged opening champagne to celebrate the dropping of charges.

05:18      (LCT) MS Peter Ellis waiting for door to open, walking into parking building.

05:30      I/V Malcolm and Mary Cox who believe that Peter Ellis has been wrongly convicted, re a miscarriage of justice.

05:43      REPORTER to CAMERA outside Paparua Prison re opinions of Peter Ellis sharply divided.

06:00      (LCT) EXT "Civic Child Care Centre" sign on gate, playground deserted,

GRAPHIC jigsaw puzzle assembled

V/O REPORTER re investigating case, people who declined to be interviewed, the police, the Crown Prosecutor and the psychologist who interviewed many of the children.

06:27      I/V woman (IDENTITY OBSCURED), former lover of Peter Ellis, re I always believed that his attachment to some of the children was unnatural, with the girls it was like they were his girlfriends, his partners, his lovers, as if they were his possessions, toys.

06:53      CU book Jeopardy In The Courtroom by a leading authority on child testimony in the court-room, Stephen Ceci.

07:00      I/V Professor Stephen Ceci, Cornell University, re seeing many claims similar to the Ellis case, claims often have an amalgam of credible and highly incredible claims, sorting the wheat from the chaff becomes extremely difficult, some of the things the children said, I would be extremely sceptical that they ever occurred.

07:27      (LCT) GVs children playing outdoors at the Christchurch Civic Child Care Centre.

07:42      CU 1991 Education Review Office report on the Christchurch Civic Child Care Centre,

GRAPHIC re ERO report the staff ensure personal needs are met with warmth, care and consideration, the children appear happy, inquisitive and sociable, the centre provides a warm, accepting and welcoming environment where personal well-being is promoted.

07:58      GVs Malcolm and Mary Cox, parents associated with the creche, in their home.

I/V Mary Cox re never ever had a moment of thought that sexual abuse would have occurred at the creche.

I/V Malcolm Cox re we never ever saw anything that gave us concern, utmost faith in staff, Peter Ellis was gay, gregarious, particularly good with the kids, I never saw him doing anything inappropriate with the kids.

08:51      I/V mother (IDENTITY OBSCURED) who laid the first complaint against Peter Ellis in 1991, maybe Peter (Ellis) exposed himself in the sleep room, maybe masturbated in front of the children, no reason to doubt the veracity of what her child said.

09:21      (LCT) Peter Ellis walking along street, getting into car

V/O REPORTER re parent who made complaint was a well-known sex abuse counsellor who Ellis supporters claim went looking for abuse where none existed.

09:36      I/V mother (IDENTITY OBSCURED) re I am not so obsessed with sexual abuse, I had done some work with some people who had been abused as children, when they were adults and I had done some teaching about disclosure, adults disclosing to some professional organisations but I just can't believe that anyone would want to think that we would put ourselves through this, it has destroyed our lives.

10:00      CU police letter to Christchurch Council re investigating complaint, finding no evidence of abuse but commenting on Peter Ellis.

GRAPHIC excerpt of letter from police re the children had a general fear of Peter Ellis, it appears he has handled some of these children roughly, it is clear that Peter Ellis should not be involved in any way in the supervision or care of children.

10:20      REPORTER to CAMERA re Peter Ellis suspended, flurry of complaints.

10:42      LCT) MS Marie Keys at work at Christchurch Civic Child Care Centre. I/V Marie Keys, former creche worker, re public hysteria, meetings with police, social workers, Council, assured no worries at this stage, parents talking, questioning their children, it just grew from there.

11:26      I/V woman complainant (IDENTITY OBSCURED) re I felt a lot of other children had been at risk and I was concerned for children I care about, of friends that I know, they may have contacted other people that they knew but that was not my responsibility, denies creating a climate of fear at the creche.

12:03      REPORTER to CAMERA re woman moved her child to another creche where she again accused a male worker of abusing a child, the complaint investigated by police who found no evidence of any wrongdoing.

12:17      RECONSTRUCTION evidential interview of child alleged to have been abused, in 1992 evidential interviews began in earnest.

12:55      RECONSTRUCTION of meeting of anxious parents at Knox Hall in Christchurch, 1992, the day after Peter Ellis was arrested, parents confronting panel of police, Social Welfare, Council and ACC officers,

MONTAGE small children and ritual reconstruction.

13:51      BLANK.

13:59      RECONSTRUCTION Satanic ritual involving children

V/O REPORTER re some of the bizarre claims made by children.

14:32      RECONSTRUCTION small boy being interviewed.

15:14      I/V Marie Keys re bizarre claims made by children are totally mind blowing.

15:44      I/V Gaye Davidson re child questioned by mother, asking her what she wanted him to say because nothing had happened to him.

16:12      PAN from Christchurch street with horse-drawn carriages to upper level office of Christchurch psychologist Rosemary Smart in her office,

MCU Rosemary Smart working at her desk, CU report on Civic Creche commissioned by Christchurch City Council.

I/V Rosemary Smart re outlining concerns in report such as comments made within children's hearing about the size of genitals, about bums and tits, about a staff member seeing Peter Ellis in children's toilets with his fly undone, being told about these things in a very matter of fact voice as if they were quite okay and to me they weren't, questioning her own values, her reaction to interviews, felt unclean.

17:23      (SF) (CH) GVs creche workers sitting around table, studying Rosemary Smart's report.

17:46      I/V Janice Buckingham, former creche worker, re police question of why was something not noticed by staff members, look there were 13 staff and we are not idiots, Manson he is not, I don't believe for a minute that he could have hoodwinked all of us.

18:06      (SF) (CH) GVs police officers leaving Gaye Davidson's house carrying bags of evidence samples, police arrested four women concluding they had been active participants in the abuse.

18:22      (SF) (CH) SOFT FOCUS GVs children in playground, police investigation had involved interviewing 116 children of whom they believed 80 had been abused.

18:42      (LCT) GVs lawyers in court, Nigel Hampton QC in court who believed police evidence seriously flawed.

I/V Nigel Hampton re the colour of the evidence was the lack of it, extraordinary allegations being made against him (Peter Ellis) and the women over a period of time, including obviously physical hurting, burning, tampering with, injuring of children, never any physical signs that would corroborate any of these things at all, nothing, no complaints at the time, nothing.

GVs doors opening, person walking along corridor at Cranmer Centre, the building housing the creche.

CU signboard,

PAN to door of Christchurch Parents Centre,

MONTAGE signs of organisations located at Cranmer Centre.

19:44      MS REPORTER climbing into overalls to inspect parts of the building where abuse is alleged to have occurred,

REPORTER going into boiler room.

REPORTER to CAMERA in boiler room, children claimed Peter Ellis took them to a secret tunnel,

REPORTER inspects boiler room.

REPORTER to CAMERA on rooftop, following trail of yet another claim, climbing down access panel into corridor.

REPORTER to CAMERA in upstairs hall in building, child claimed he was placed in a cage, dangled from the ceiling while animals were sacrificed below them, story taken seriously by police.

GVs areas of building including attic searched by police, no evidence found.

21:31      I/V Roger Keys re there was no evidence, where were the cages, where were the coffins that they were supposed to be buried in, where is the boy Andrew's body who was supposed to have been murdered at the Civic, stabbed in the head and laying in a coffin, question of parents coming to collect Andrew, all it was was the word of the children.

22:10      GRAPHIC model of creche, with toilet area just off main play area, and supervisor's office with direct view of toilet area.

22:36      I/V Gaye Davidson re he (Peter Ellis) is alleged to have taken the child into the toilet area and defecated or urinated on them, then supposed to have taken the child out, have the child cleaned up and convinced he wasn't to say anything, have the child all happy before someone else arrived, it is inconceivable, it could never have happened.

23:02      RECONSTRUCTION CU hand unlocking gate.

RECONSTRUCTION CU legs and feet of adult male, followed by children, taken on walk, taking children walking.

RECONSTRUCTION MWS BS man and children walking in park and in square (Peter Ellis was alleged to have committed abuses when he took children walking away from the creche).

23:38      I/V Gaye Davidson re incredibility of children's stories, inability to keep unhappy children quiet about anything over that period of time.

23:53      (LCT) SLOW MOTION Peter Ellis followed by women creche workers arriving at court to face charges.

24:10      BLANK.

24:17      RECONSTRUCTION GVs children interviewed by psychologist social workers

V/O REPORTER re case against Peter Ellis and four women creche workers, based almost entirely on uncorroborated testimony of children aged six to 11 years, some recalling incidents that happened years before, when the children were barely out of nappies.

24:47      RECONSTRUCTION child being interviewed about Peter Ellis behaviour.

25:19      (LCT) Gerald Nation, Christchurch lawyer, talking to four women creche workers facing charges.

I/V Gerald Nation re when the whole thing started the advice from the police and the specialist services unit (Social Welfare) to the meeting of parents, if the child talks about something that could be abuse the first guideline is believe the child, say to the child that it has happened to others, that sort of approach, now that is an extremely dangerous approach to take, the correct approach should be to take what the child says seriously, to investigate it carefully and I think it was a fundamental flaw with the investigation, it was what led in my view to the women being charged.

26:04      REPORTER to CAMERA outside Christchurch District Court re depositions hearings, Ellis facing 45 charges, Gaye Davidson, Janice Buckingham and Marie Keys facing four charges and Debbie Gillespie three, hearings to last 11 weeks, some 40 video interviews that Social Welfare had carried out with young complainants.

26:33      (SF) (CH) GVs police officers carrying in boxes of files, evidence for the depositions hearing.

GRAPHIC typed list of those charged,

ZOOM OUT to court desk with papers and files and videotapes of children's evidence.

PAN OVER court desks.

27:00      I/V Gaye Davidson re incredible that evidence got as far as depositions, we are supposed to have got a child to have stabbed another child, supposed to have buried children, to have cooked them in ovens, to have walked them to strange places to be abused by unknown people, to have walked them back to be ready for their parents to pick up, everyone happy, no one child or adult saying anything.

27:24      (LCT) MS Gerald Nation leaving court followed by the four women facing charges, committed for trial in the High Court.

27:38      (LCT) I/V Gerald Nation at news conference outside District Court re the way our legal system operates their committal for trial was not unexpected, naturally they are disappointed at the result and the fact that their ordeal continues.

(LCT) GVs women walking away from court.

(LCT) GVs women walking from court following pre trial hearings where the charges against the women were dropped, Justice Williamson decided there was insufficient evidence to convict them, women given flowers, hugged by friends and family.

28:14      I/V Gerald Nation re in New Zealand people do not normally have to stand trial unless there is evidence on which a jury could properly convict them, if there is not that sort of evidence, not enough of that evidence, then people don't have to stand trial but His Honour did say in this case that that alone would not have been sufficient, there was the prejudice through the association with Peter Ellis and the fact that there was going to be delay that in this case caused him to discharge them and I must admit I had difficulty accepting that reasoning.

28:46      REPORTER to CAMERA re Justice Williamson's reluctance to acquit the women, none awarded costs, legal bills of $900,000.

29:08      I/V Marie Keys re I am still shocked that it happened to me and to us, that they could get it so wrong, I do get angry sometimes when I think of all these years, wasted years, when we should have been getting on with our lives, building up for the future, almost feel contempt for some of these people who can't see that they have got it so wrong.

29:40      NIGHT SHOT Christchurch Cranmer Centre building

ZOOM IN BS complainants (IDENTITY OBSCURED),

I/V parent complainant (IDENTITY OBSCURED) re why would a child come up with such horrific detail in their fantasy world, I don't believe that our child lives his life through fantasy, it was very real and when a child is lying on a couch in a foetal position spewing and not entirely with us as he was, talking, showed me that it was genuine, it was real.

30:25      RECONSTRUCTION MWS court upstanding as judge takes his place at the bench in the High Court.

REPORTER to CAMERA in court re charges against Ellis reduced to 28 involving 13 children.

30:49      RECONSTRUCTION CU Crown lawyers in court.

RECONSTRUCTION court-room scenes

V/O REPORTER re Crown tactic to base its case solely on the most credible videotaped allegations made by the children, opting not to show many of the more bizarre claims.

31:03      I/V Nigel Hampton re if they (jury) had seen the whole range they may have doubted the extraordinary thing that is being said when there has never been any physical evidence to corroborate it, how could it possibly have happened, the answer is no.

31:18      RECONSTRUCTION Peter Ellis trial, lawyers, jury, closed circuit playing of videotapes of children being interviewed by social worker psychologist.

31:53      (SF) CU closed circuit television interview room, lawyers wig on bench

V/O REPORTER re children interviewed by defence lawyer, became confused but most stuck to their allegations.

(SF) MWS PAN empty court-room,

MS Peter Ellis SUPERIMPOSED on court-room

V/O REPORTER re Ellis found guilty on 16 charges, one of sexual violation, two of unlawful sexual connection, five of doing or inducing an indecent act and eight of indecent assault, Justice Williamson sentenced him to 10 years imprisonment, declaring the jury's verdict to be the right one.

32:28      GRAPHIC comment by Justice Williamson re unlike almost all of those who have publicly feasted off this case by expressing their opinions the jury actually saw and heard each of the children, they believed the children and I agree with that assessment.

32:42      REPORTER to CAMERA questioning the evidence and the finding of guilty beyond reasonable doubt.

33:00      (LCT) MS Doctor Karen Zelas working at her desk,

REPORTER to CAMERA re Doctor Karen Zelas, a Crown witness, conceded privately that some children made disclosures about sexual abuse after being asked leading questions by their parents.

33:16      CU letter from Doctor Karen Zelas to police concerning the credibility, it is clear that child A's parents elicited disclosures of abuse by Peter Ellis by highly leading questioning, in child B's case the parents subjected him to intensive interrogation pertaining to ritual abuse, he would then disclose in the next interview the information elicited by his parents the previous night.

33:43      GVs Michael Hill studying books and newsclips.

I/V Michael Hill suggesting some parents had a genuine belief that their child had been abused plus for some the lure of substantial compensation, at that time substantial ACC payments made to abuse victims.

34:24      RECONSTRUCTION CU document re Christchurch Civic Child Care Centre Investigation

ZOOM OUT to RECONSTRUCTION parents meeting, parents denied Michael Hill's assumption about compensation but ACC did pay out over half a million dollars to some 40 parents who claimed their children had been abused.

GVs empty creche playground.

34:59      BLANK.

35:04      (SFX) MONTAGE small children out walking, holding on to leading rope,

GVs creche building, child running up stairs, children in playground, ritual dance.

35:25      RECONSTRUCTION evidential interview with small boy.

35:44      I/V Nigel Hampton re critical of the interviewing process, you have a very disturbing pattern emerging when you look at the interviews with an individual child of for a start possibly nothing or if anything quite innocuous things being said at first interview, from then on second third fourth sometimes up to sixth interview the allegations emerging from being almost nothing to becoming allegations of touching, to allegations of Satanic ritual abuse, what was happening is that memories were being constructed within them, no genuine memories at all but how do you discern the genuine memory from the constructed memory.

36:33      RECONSTRUCTION evidential interview with small girl who was tired of questioning, wanted to go home.

37:06      (FF) 1994 GVs lawyers in Court of Appeal which heard and rejected Peter Ellis appeal against conviction did not accept that his defence was handicapped by the High Court judges ruling which resulted in the jury only seeing half the videotaped interviews.

37:26      GRAPHIC Appeal Court quotation, he was clearly right in seeking to prevent the trial becoming enmeshed in all the collateral and peripheral matters covered in the tapes not relied on by the Crown and about exposing the jury to the playing of many hours of irrelevant material thereby distracting them from consideration of the real issues.

37:48      REPORTER to CAMERA in Court of Appeal re retraction by one of the Crown's key complainants, her parents told the court that she was now saying that she had lied during the evidential interviews about Peter Ellis and had the answers she thought the interviewer wanted to hear.

38:12      RECONSTRUCTION evidential interview with child who retracted her evidence.

38:41      (FF) 1994 CU Justice Department Coat of Arms

ZOOM OUT to Appeal Court sitting, the Appeal Court determined that she was a confused and troubled girl.

GRAPHIC quotation from Court of Appeal re we are by no means satisfied that she did lie at the interviews although she may now genuinely think she did, with such doubts we think it would be unsafe to let the convictions on the counts involving her stand.

39:06      (LCT) Peter Ellis walking along street, Peter Ellis convicted on remaining 13 counts upheld by Court of Appeal,

GVs Peter Ellis supporters Winston Wealleans and Roger Keys studying computer screen data using mouse.

39:37      I/V Roger Keys re only evidence is what the children said, that's what the argument is all about, only so-called evidence there is, where is the medical evidence.

39:54      MS Professor Stephen Ceci walking to parapet looking at view.

I/V Professor Stephen Ceci re one of the things that bothers me more than anything else is the cadre of instant experts into the North American courts and I suppose also in New Zealand, Australia, other Commonwealth country courts that profess with a great deal of certainty to judge and jury that they have a Pinocchio test, that they can tell when a child's statements are accurate or inaccurate.

There is nothing that has ever been established in a scientifically adequate way that can discriminate between accurate and inaccurate statements when the child has been repeatedly interviewed over a long period of time.

MS Professor Stephen Ceci walking out of building.

I/V Professor Stephen Ceci re exceedingly unlikely that you can coerce a group of children this age into silence for long periods of time when the following were allegedly involved (lists bizarre sexual abuse acts), such events arouse instant revulsion in children so am extremely sceptical, don't think the bizarre stuff happened, simply don't know if nothing happened, no one else does either except God and Peter Ellis.

41:51      I/V mother (IDENTITY OBSCURED) who lived with Peter Ellis for two years in the mid 80s when he worked at the creche, he lied about just about everything in his life, his age, his saying he had been married and had two children.

(LCT) MCU Peter Ellis with two children.

I/V former lover of Peter Ellis (IDENTITY OBSCURED) re sexually and mentally abusing her children, challenging him about abuse, his response that he would accuse her of being neurotic and depressed and at fault.

(LCT) MS Peter Ellis walking along street and into building.

I/V former lover (IDENTITY OBSCURED) re finding Peter Ellis and a little girl in a locked toilet, belief that he did abuse children at the creche, clever and manipulative enough so that the women at the creche were unaware, wish for him to be treated and made better, yes he is a paedophile.

44:21      (LCT) Peter Ellis outside court.

44:26      CU letter from Peter Ellis to Assignment from Paparua Prison maintaining his innocence re belief that child who recanted will one day tell the truth, over-zealous so-called experts and police officers.

45:02      (LCT) MS Peter Ellis walking along street,

V/O REPORTER re the government has decided not to hold an inquiry into his case.

MS EXT Paparua Prison.

MS legs and feet of small children walking.

45:23      PRESENTER to CAMERA re creche workers being awarded compensation for losing their jobs when the City Council abruptly closed the creche in 1992, the Council is appealing against the Employment Court decision, one parent considering suing Christchurch City Council for damages.

46:02      CREDITS.

PRESENTER to CAMERA previewing forthcoming programme about domestic violence Terrifying Love.

47:39      CREDITS, END.