The Christchurch Civic Creche Case


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The Press
November 18, 1997

Petition for Ellis pardon close to presentation
by Hans Petrovic



The lawyer for convicted creche worker Peter Ellis, Judith Ablett-Kerr QC, expects her petition for a pardon for Ellis to be with the Governor-General within a fortnight.

It remained to be seen, however, whether this would lead to an inquiry into the composition of the jury that convicted Ellis in 1993, she said from Dunedin yesterday.

TV3's 20/20 programme on Sunday night claimed that jurors failed to reveal relationships with people involved in the case.

One juror knew the mother of one child complainant who gave evidence of child abuse against 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.

The Solicitor-General, John McGrath, QC, said yesterday that he was not conducting an inquiry into the composition of the jury.

``All prosecutors are aware of their responsibility to ensure the exclusion from juries of those with whom they have personal contacts of a kind that might appear to create a bias in favour of the prosecution,'' Mr McGrath said.

``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.

``An assessment had to be made on the particular circumstances, which would include the nature and extent of the contact, and how long since it had taken place.''

Mr McGrath would not comment further because of the likelihood that legal advisers would be approaching the Minister of Justice.