The Christchurch Civic Creche Case

News Reports Index

1999 Jan-June



The Press
April 30 1999

Ellis lawyer wants juror tape studied

By Martin Van Beynen

The lawyer for Peter Ellis wants the Ministry of Justice to obtain an audiotape that allegedly throws further doubt on the jury in Ellis's trial.

Judith Ablett-Kerr, QC, is pressing Ministry of Justice legal counsel, who are examining the Ellis case, to use various means to obtain the tape.

The tape contains an interview with a juror whom Mrs Ablett-Kerr now argues was unfit to be on the case.

The interview was conducted by Dunedin author Lynley Hood, who is writing a book on the Ellis case.

She is refusing to release the tape on the grounds the juror spoke to her on the condition the material would be used only in her book.

Neither Mrs Ablett-Kerr nor Ms Hood would comment on the tape yesterday.

In a leaked letter to the ministry, Mrs Ablett-Kerr suggests the ministry could appoint an urgent Commission of Inquiry to investigate the issue or that Sir Thomas Thorp interview the juror himself.

Sir Thomas has been asked to investigate on behalf of the ministry a petition to the Governor-General requesting a pardon for Ellis.

Mrs Ablett-Kerr also recommends referring the issue back to the Court of Appeal so it can direct that the juror be interviewed or order Ms Hood to produce the tape. In her correspondence she raises doubts about a second juror and refers to a third juror whose lesbian relationship with a woman who worked with the mother of one of the complainants in Ellis's trial has already been made public.

"It would be farcical for an appellate court to be deprived of the knowledge that a quarter of the jury were unfit," she writes.

Another letter, apparently from the ministry, reveals the Christchurch Crown Solicitor and the Deputy Solicitor-General will not consent to the grant of any order authorising officials to question any of the jurors in the case.

The official recommends the matter be considered by the Court of Appeal when it sits to hear Ellis's application to have his convictions overturned next month.

In further leaked correspondence it is revealed that the lesbian juror and the mother she knew made their relationship known to various people in authority during the trial.

They were reportedly told at the time of the case that the relationship was not sufficiently close to raise an issue.

Ellis is serving a 10-year jail sentence after being convicted for abusing children in his care at the Christchurch Civic Childcare Centre.