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Otago Daily Times
March 28
1998
Ellis happy with chance to appeal
NZPA
Christchurch:
Convicted child abuser Peter Ellis has won his petition to have his case
considered by the Court of Appeal.
His lawyer, Judith Ablett-Kerr, QC, said last night that she and Ellis were
"over the moon".
Mrs Ablett-Kerr said it had happened fewer than 10 times in New Zealand's legal history that
someone in circumstances similar to Ellis' had been allowed to appeal.
"This is huge," she said.
Justice Minister Doug Graham announced yesterday that Governor-General Sir
Michael Hardie Boys had referred Ellis' convictions for sexually abusing
children to the Appeal Court
for further consideration.
Ellis, who turns 40 on Monday, has been in prison for four years and nine
months since being sentenced to 10 years' jail for abusing children at the Christchurch civic
creche.
The petition to the Governor-General asked for Ellis to be pardoned or for
the case to be referred back to court.
Mrs Ablett-Kerr hoped Ellis' appeal would take place around June, maybe in Wellington.
She would discuss the possibility of bail with Ellis today, when she came to Christchurch to talk to
him.
Events like this happened so seldom it was hard to tell if he would be
allowed bail, Mrs Ablett-Kerr said.
It was important people understood the criminal justice system had to be transparent.
"People have to be able to see what's happening.
"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 obtained a pardon, no one would have known why.
Ellis' mother, Lesley, said she had been smiling all day.
She and her daughter were together last night after hearing the
"fantastic" news.
"We had to wait until it became official. My workmates knew something
good had happened because they saw my big smile."
She preferred the option of going back to court to prove her son's innocence
rather than his being pardoned.
"A pardon implies guilt. You don't get pardoned for doing nothing."
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