The Christchurch Civic Creche Case


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North and South
February 1998

A Plea for Peter Ellis
Editorial by David McLoughlin


At last, there is some traction with the Christchurch Civic Creche case, possibly the worst miscarriage of justice since Arthur Alan Thomas was wrongly convicted of the Crewe murders in 1971.

Justice Minister Doug Graham is considering a petition from Judith Ablett-Kerr QC to pardon Peter Ellis, the creche worker jailed for 10 years in 1993 on multiple charges of abusing children. More, there is suddenly political interest in the plight of Ellis. MPs from several parties have publicly expressed concern that Ellis might have been wrongly convicted. The chairman of Parliament's justice and law reform committee, Rana Waitai, a former police district commander, has visited Ellis in Rolleston Prison and wants a  judicial inquiry into the Civic affair.

The interest was caused by TV3 journalist Melanie Reid's 20/20 documentary, which raised new issues of concern beyond the already highly suspect "evidence". She revealed the jury foreman had been the Crown Prosecutor's marriage celebrant.  Another juror lived with a woman who worked at the same desk as the mother of the Crown's prime witness. Detective Colin Eade, the officer most involved in the investigation, had propositioned one creche mother during the inquiry and had relations with two others after it. He also had a relationship with one of the Social Welfare interviewers employed to elicit evidence from the creche children.

I'm pleased so many politicians are now publicly expressing the disquiet which they previously expressed only in private. It's a pity it took them until Melanie Reid's account of jury irregularities and a policeman's private life. For more than two years now, they've had access to material casting serious doubt on the actual evidence in the case.  That material featured in a 1995 Assignment programme (which I helped to produce) and my August 1996 North & South cover story. Both demonstrated the implausibility of police claims that Ellis (and his women co-workers) committed vile abuse against dozens of young children for five years without one parent noticing or one child showing the slightest sign of it, let alone complaining.

Virtually all the allegations against Ellis were driven by two obsessed mothers who whipped up hysteria in the creche community. Their absurd claims of paedophile rings and Satanic abuse (deliberately kept by the Crown from the High Court jury) prompted alarmed parents to interrogate their children about unlikely events.  Their children later regurgitated these tales to Social Welfare interviewers and Ellis and four women creche workers were arrested as a result.  There was not a shred of medical or forensic evidence that children were raped, sodomised, defecated on and made to eat faeces and drink urine, but Ellis was charged with doing this and more.

One of the obsessed mothers, using the pen name Joy Bander, has now written a book, A Mother's Story.  It repeats fanciful tales which one of the welfare interviewers, Sue Sidey, realised were so suspect she declined to reinterview the boy making them until told to do so by the police.

On a recent visit to Ashburton, I chanced across Detective Senior Sergeant Neville Jenkins, one of the officers who worked on the creche inquiry. He told me I didn't know half of it. On the other hand, he also told me he knew the allegations by "Joy Bander" and her son were "rubbish". That Ellis was convicted on three charges involving that boy didn't seem to concern him, as he told me there were more "credible" children whose allegations he was sure were correct.

Each time I have written about the Civic, one Patricia Smart of Lyttelton has written to the editor accusing me of "errors, innuendoes and emotive accusations.. The Civic's attendance registers, which I have been perusing, show a woman by the same name visited the creche at least 64 times between May 25 1989 and June 26 1991. Did she find the creche a den of debauchery on any of those occasions? Another letter please. Like many others, her opinions seem based on unswerving belief rather than hard evidence.

This almost religious belief that Ellis is a monster and the creche a latter-day Sodom is held in some very high places, by people with the most extraordinary connections with the Civic.

For example, Labour list MP Lianne Dalziel is one of the most outspoken parliamentary believers in Ellis's guilt. A close acquaintance of hers had children at the creche (they were the subject of charges which fell over before the final verdict). That acquaintance was one of the women Melanie Reid revealed had a relationship with Colin Eade. Curiously Dalziel's partner is Rob Davidson, the former husband of the creche supervisor, Gaye Davidson, one of the four women charged alongside Ellis.

Rob Davidson is convinced there was no abuse at the creche. "It's absolutely preposterous," he told me just before Christmas.  "The whole thing was like Salem revisited. We have a huge state machine that has destroyed so many people's lives and nobody can stop it." Davidson has, however, not been able to persuade Dalziel. "I've discussed it with her, but I don't get anywhere."

When someone in a position to have known about the Civic as closely as Rob Davidson can't convince the woman he lives with that the allegations were false; when one of the police investigators candidly admits that one boy's allegations are wrong even though Ellis is in jail partly because of them; when scores, probably hundreds of people closely connected to this case are still debating it furiously years later; when many families are still traumatised by their experiences; when there is doubt of the most serious kind that Ellis is guilty as charged, there is a desperate need for a commission of inquiry into what went wrong.

I've requested Doug Graham to authorise one.