The Christchurch Civic Creche Case


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The Evening Post
March 28 1998

Ellis pardon refused, but rehearing ordered
NZPA

Convicted child abuser Peter Ellis was to meet his lawyer today to discuss the possibility of bail after his case was referred yesterday back to the Court of Appeal.

Justice Minister Doug Graham announced yesterday that Governor-General Sir Michael Hardie Boys had referred Ellis' convictions to the Appeal Court.

His bid for a free pardon had been rejected, the Minister said.

Ellis, 40 on Monday, has been in prison for four years and nine months after being sentenced to 10 years jail for abusing children at the Christchurch civic crèche.

His lawyer, Dunedin-based Judith Ablett-Kerr, QC, said yesterday she and Ellis were "over the moon".

She would discuss with Ellis the possibility of bail when she met him at Paparua Prison, Christchurch, this afternoon. Such events happened so seldom it was hard to tell if he would be allowed bail, Mrs Ablett-Kerr said.

She said she hoped it would not be long before the case was reheard.

She said there had been fewer than 10 cases in New Zealand legal history in which someone in circumstances similar to Ellis had been allowed to appeal.

"This is huge," she said.

She hoped the appeal would be heard around June, maybe in Wellington.

"I was particularly pleased for Peter that he would now have the opportunity to clear his name in open court."

It was important that people understood the criminal justice system had to be transparent, she said.

"Constitutionally, the referral back to the Court of Appeal is something that's desirable from the point of view of letting everyone know what's happening."

She said if Ellis had been pardoned, no one would have known why.

"That's the attraction of going back to the Court of Appeal."

His mother, Lesley Ellis, said she, too, preferred the option of going back to court to prove her son's innocence.

"A pardon implies guilt. You don't get pardoned for doing nothing."

Mrs Ellis, who was also to visit him this afternoon, said she wanted it acknowledged that her son was not guilty. "Judith Ablett-Kerr will be going to have a talk with him and present the implications of the decision, and he'll be making some decisions after that," she said.

Police have been holding an inquiry into investigations that led to Ellis' conviction, including into the conduct of the officer in charge of the investigation, Colin Eade.

Mr Eade was alleged by TV3 television programme 20/20 to have had psychiatric problems, and sexual relationships with the mothers of two children who complained they were abused by Ellis.

Mr Eade has said that at no time during the inquiry was he involved in a relationship with anyone associated with the case.