The Christchurch Civic Creche Case


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The Press
March 28 1998

Ellis allowed appeal of sex convictions
by Elinore Wellwood

Convicted child abuser Peter Ellis has won his petition to go to the Court of Appeal.

Ellis has made legal history, lawyer Judith Ablett-Kerr said yesterday.

Justice Minister Doug Graham last night announced that Governor-General Sir Michael Hardie Boys had referred Ellis's convictions for sexually abusing children to the Appeal Court for further consideration.

Ellis will turn 40 on Monday.

He has been in Rolleston Prison for four years and nine months since being jailed for 10 years when he was found guilty of abusing children at the Christchurch civic creche.

Yesterday Mrs Ablett-Kerr said allowing someone in circumstances similar to Ellis to appeal had happened less than 10 times in New Zealand legal history.

``This is huge,'' she said.

The petition to Sir Michael asked for Ellis to be pardoned or for the case to be referred back to court.

``He's delighted. He's over the moon,'' she said of Ellis.

Mrs Ablett-Kerr, who has worked on Ellis's case since late 1996, said she was in a similar state.

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

It was hoped that Ellis's appeal would be heard about June, maybe in Wellington, Mrs Ablett-Kerr said.

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,'' Mrs Ablett-Kerr said.

She said if Ellis had obtained a pardon no-one would have known why.

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

Ellis's 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 being pardoned.

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

Mrs Ellis said she wanted it acknowledged that what her son was found guilty of had never happened.

She said people would be surprised when they saw Ellis again.

He was thinner and had long hair he wore tied back over his shoulders.

She would visit him today.