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Otago Daily Times
December 18 1998
Ellis waiting for bail decision pending second appeal
NZPA
Wellington: Convicted Christchurch Civic Creche
child abuser Peter Ellis will have to wait a day or two to find out if he
will be freed pending a rare second appeal.
The Court of Appeal ruled yesterday the appeal, made possible after the intervention
of Governor-General Sir Michael Hardie Boys, would be before five judges in
the week beginning May 31.
An application for bail, made at the hearing in Wellington yesterday, would be determined
"within a day or two", the court said.
Ellis had a first appeal against conviction dismissed in 1994, but gets his
second chance after Sir Michael's referral.
His 10-year term for 16 child abuse offences comprises one sentence of 4
years, followed by two concurrently of 3 years and 2½ years, and another of 3
years.
The court was told he had fully served the first two and the third would end
automatically in February 2000.
Ellis has refused parole on the grounds that it would be an acknowledgment of
his guilt.
But his lawyer Judith Ablett Kerr said he would accept terms laid down for
bail "as a man who, denying guilt, is asking you to listen to his appeal
and is trying to persuade you that he's innocent".
She asked that his low-risk parole rating be taken into account.
Ms Ablett Kerr said Ellis' case for appeal was based on a combination of
"errors, failure and ignorance bringing about an unsafe
conviction".
These included important matters not disclosed, that the police officer in
charge had visited child complainants before their evidential interviews, and
that the police had not disclosed a second exhibit register, denying access
to important photographs.
These showed the toilet area where offences were supposed to have taken place
was visible through an open door to teachers and visitors; a game played in
the circle, of concern at the trial, was innocent; and children had visited
animals in cages on park land.
"These photographs were displayed on the walls . . . where they were
visible for everyone," Mrs Ablett Kerr said. "But we were told they
had no knowledge of them."
Getting information from the police had been a "hurdle", she said.
Crown counsel Simon France said he was satisfied the process of disclosure
would stand scrutiny.
"In a huge project, any photos overlooked will not prove to be
material."
All of the concerns were at best matters of argument and dispute, he said.
"The fresh evidence, if it can be termed that, is not of the nature that
makes one think a serious problem - in terms of material discovered that
points to innocence - may exist."
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