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NZ Herald

November 18, 1997

QC to petition for pardon for Ellis

 

Wellington - The lawyer for Christchurch creche worker Peter Ellis yesterday called for a full enquiry into his conviction for child sex abuse.

 

Judith Ablett-Kerr, QC, is planning to petition the Governor-General, Sir Michael Hardie Boys, for a free pardon for Ellis which she said could lead to an enquiry into the case.

 

Claims have been made that jurors failed to reveal relationships with people involved in the case.

 

One juror knew the mother of one child complainant who gave evidence against Ellis in 1993.

 

TV3's 20/20 programme reported on Sunday that the juror had contact with the woman through her live-in partner, who shared a small office with the mother.

 

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 20/20 raised would be part of the petition she hoped to send to Sir Michael within 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" she said.

 

A Christchurch QC, Nigel Hampton - who worked on Ellis' appeal - said that in such a high profile case it was vital to have an objective and detached jury.

 

"Its quite clear that two members of the jury did not fit into that category. Those jurors had the potential to affect Ellis' case."

 

The programme also said Colin Eade, a police officer who took a leading role in the investigation, was having difficulties, and left the police soon afterwards.

 

The Canterbury police chief, Superintendent Warwick Nicholl, said issues 20/20 raised had been dealt with and "found to be of no consequence to the court case"

 

The 1993 guilty verdicts against Peter Ellis on 16 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, but dismissed three charges on evidence that the complainant concerned had recanted.

 

Ellis has served more than four years of his ten year sentence.