The Christchurch Civic Creche Case

News Reports Index

1999 Jan-June



The Dominion
April 30 1999

Author should hand over tape, say Ellis supporters
by Helen Bain

The owner of a tape alleged to contain a disclosure by a jury member at the Peter Ellis trial, that he was sexually aroused by the evidence, should be forced to hand over her evidence, Ellis supporters said yesterday.

The tape reportedly also contains an admission that the man had professional links with the expert psychiatrist called by the prosecution at the child abuse trial.

Justice Minister Tony Ryall confirmed yesterday that he had received the report into the case by former High Court judge Sir Thomas Thorp. But Mr Ryall would not reveal its contents, saying he would consider its findings during the next fortnight, and hoped to make recommendations to Governor-General Sir Michael Hardie Boys by mid-May.

Sir Thomas, a former Parole Board head, was appointed to examine the case after Ellis's lawyer, Judith Ablett Kerr QC, petitioned the governor-general.

Ellis, convicted in 1993 on 16 charges of molesting children at the Christchurch Civic Creche, had an appeal dismissed in 1994, but has been granted a rare second appeal, scheduled to be heard at the end of May.

The latest disclosures said to have been made to writer Lynley Hood received an angry reaction from Ellis supporters including a former police commander, Mauri Pacific MP Rana Waitai.

Mr Waitai said he was disgusted with the number of people who had allowed Ellis to suffer, for their own selfish ends.

He said the reported holder of the tape, Lynley Hood, should be forced to give it up.

"(Some) jurors, including the foreman, were not objective when they voted that Peter Ellis was guilty of child abuse, a senior policeman involved in the case had questionable interests in witnesses, and now we have a writer who is prepared to hold on to critical evidence, rather than helping an innocent man gain his freedom," Mr Waitai said.

It is understood Ms Hood, who will not confirm the existence of the tape, may have made an undertaking to the jury member. She has declined to comment.

Counsel for Ellis, Judith Ablett Kerr, QC, has confirmed the accuracy of the correspondence leaked to The Dominion, but advised that neither she nor members of her staff were responsible for the leaking.

"You will be aware that it has always been the policy of these chambers not to discuss or reveal the contents of any petition . . . till such time as the governor-general has returned his decision," she said.

Ellis's mother, Lesley Ellis, said she was not optimistic the new revelations would help free her son. "I've stopped being optimistic. At the (next Court of Appeal hearing) they're going to look at the same old things. The biggest problem has been getting them widen the scope of the hearing . . . there's nothing going to change."

Commenting on the completion of Sir Thomas's report, Labour justice spokesman Phil Goff said he hoped it would deal thoroughly with issues surrounding Ellis's conviction that had caused "serious disquiet".