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Sunday
News
November 23, 1997
Judiciary should hang their heads
by George Balani
Peter Ellis should be freed from prison now.
I have written screeds about this case during the past five years. I have
debated it on talkback radio. I have argued the legal implications with
lawyers all over the country.
Police, legal professionals and the judiciary should hang their heads in
shame at the handling of this case.
Parents who didn't believe their children had been abused were berated by
authorities prepared to give weight to the nonsensical claims from the highly
imaginative minds of toddlers subjected to hours of leading interviewing.
Authorities went to ridiculous ends when interviewing the children who came
up with fantasies which could never have occurred.
The jury had at least two people on it with potential vested interest. One
had been the celebrant at the crown prosecutor's wedding. The other, shared
an office with the partner of one of the mother's in the case.
The crown prosecutor recognised the marriage celebrant from 15 years earlier
but didn't consider it significant enough to tell the judge.
The judge, with the best of intentions no doubt, took the unusual step of
congratulating the jury on reaching the right decision.
The Court of Appeal which effectively rejected the retraction of evidence by
one of the children saying the child was probably in denial (sexual abuse
industry speak for "whatever the kid says - they were abused
anyway").
There is a large body of lawyers which largely accepts Ellis didn't get a
fair go and that the evidence didn't support a conviction "beyond
reasonable doubt" but not one with the guts to stand up for justice and
be counted.
Oh yes, they're all making statements now 20/20 reporter Melanie Reid has
done the ground work and exposed the farce, but why could they not speak out
while the injustice was being done.
The Christchurch Civic Creche case was full of flaws and many of those
involved knew it. They pressed on regardless and yes, they had a win.
But if that's what justice is all about then we all have plenty to worry
about.
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