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Sunday News
July 21 1996
Stand up and be counted
This is an open challenge to our politicians and lawyers.
Read David McLoughlin's article "Second Thoughts on the Christchurch
Civic Creche Case" in the latest North And South and then do the right
thing.
Many of you have privately expressed concern at the way our judicial system
handles sexual abuse cases.
Many have privately indicated considerable unease about the guilty verdict in
the Peter Ellis case.
None of you had the courage to stand up and be counted. It's time you did.
I've been outspoken in my belief Ellis can't possibly be guilty of the
ridiculous charges laid against him and McLoughlin's carefully researched
article confirms my views "beyond a reasonable doubt".
It's a fundamental of our judicial system that you're deemed innocent until
proven guilty "beyond a reasonable doubt".
Yet in sexual abuse cases, the whole thing is turned around - and never more
obviously so than in this case. "Guilty" until you can prove your
own innocence "beyond a reasonable doubt".
Ellis and many others like him are victims of well-intentioned laws which
effectively remove the "beyond reasonable doubt" requirement.
Where allegations of sexual abuse are concerned, the onus of proof beyond a
reasonable doubt disappears and becomes more a question of "believe the
children at all costs".
"Experts" front up and give evidence that just about any behaviour
exhibited by the children is "consistent with sexual abuse". Even
no behaviour problems are interpreted as denial, which in itself is
"consistent with sexual abuse".
Ellis may be guilty of outrageous behaviour but there's no way he's guilty of
the outrageous charges he's in jail for.
The jury was carefully presented with very limited evidence. McLoughlin and I
are in full agreement that had the jury been exposed to all the evidence,
Ellis would not be in jail today.
The case is a clear example of a miscarriage of justice, of a system driven
by maniacal hysteria instead of common sense and logic.
There's nothing more that can be done through the judicial system to right
this wrong. The only way for common sense to prevail is through a full and
comprehensive public inquiry.
I again call on politicians and lawyers to have the courage to do the right
thing. This case is fraught with "reasonable doubt".
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