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The
Evening Post
November 17, 1997
Call for Ellis case inquiry
by Claire Guyan
As more questions surfaced today about the conviction of Christchurch creche
worker Peter Ellis, his lawyer Judith Ablett-Kerr, QC, is calling for a full
inquiry.
She is planning to petition Governor-General Sir Michael Hardie Boys for a
free pardon for Ellis which she said could lead to an inquiry into the case.
TV3's 20/20 programme last night said there was a failure to reveal
relationships jurors had with people involved in the case.
One juror, a lesbian, knew the mother of one child complainant who gave
evidence against creche worker Peter Ellis in 1993.
The juror had contact with the woman through her live-in partner who shared a
small office with the mother, the programme said.
The programme also reported that the jury foreman, a Christchurch clergyman, had officiated at
the wedding of the case's lead prosecutor, Brent Stanaway.
Mrs Ablett-Kerr said matters raised by the programme would be part of the
petition for a free pardon which she hoped to have with the Governor-General
within the next two weeks.
He has the power to grant a pardon, refer the matter to the Court of Appeal
or do nothing.
Mrs Ablett-Kerr said she had been reviewing the case with the intention of
appealing it to the Privy Council.
"The problems with the conviction of Peter Ellis go beyond narrow legal
questions and are more suited to a full inquiry than the restrictive arena of
the Privy Council."
Solicitor-General John McGrath said today that 20/20 had suggested that Mr
Stanaway should have told the judge in the Ellis case one of the jurors had
officiated at his wedding 15 years earlier.
Mr McGrath said all prosecutors knew they had to make sure that people they
knew who could appear to create a bias for the prosecution were excluded from
the jury.
"However, that did not mean every person with whom a prosecutor had a
past contact should be excluded or their presence on the jury reported to the
judge," Mr McGrath said.
He also said that he was not conducting an inquiry into the composition of
the jury as under the law the Solicitor-General was not involved. The correct
approach was to apply to the Minister of Justice, he said.
Christchurch QC Nigel Hampton - who worked on Peter
Ellis' appeal - said in such a high-profile case it was vital to have an
objective and detached jury. The programme also said Colin Eade, a police
officer who took a leading part in the investigation, had psychological
difficulties and left the police soon afterwards.
Canterbury
police district manager Warwick Nicholl said issues raised in the programme had
been dealt with and "found to be of no consequence to the court
case".
"There is constant monitoring, at all levels, of staff in any inquiry,
particularly to ensure that staff are not taking on too much stress," he
said.
Staff were routinely encouraged to consult people and agencies which could
help with stress, he said.
The 1993 guilty verdicts against Peter Ellis on 16 out of 25 charges of
abusing children in his care have always been controversial. The Court of
Appeal rejected an appeal against the verdicts in 1994. However, it dismissed
three charges on evidence that the complainant concerned had recanted.
Ellis has served over four years of his 10-year sentence.
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