Media Statement by
Hon Tony Ryall
Minister of Justice
May 11, 1999
Governor-General Widens Terms For Appeal On Ellis Case
"The Governor-General has widened the terms on which Peter Ellis's case
has been referred to the Court of Appeal", Justice Minister, Tony Ryall, said today.
Peter Ellis petitioned the Governor-General for the exercise of the Royal
prerogative of mercy for a second time in November 1998.
His first petition was made in December 1997.
As a result of the 1997 petition the case was referred back to the
Court of Appeal and is set down for hearing on 31 May 1998.
In his second petition Mr Ellis sought a free pardon or alternatively for his
case to be considered by the Court of Appeal on broader grounds than
previously referred.
"Having received advice from the retired High Court Judge, Sir Thomas
Thorp, I advised the Governor-General that the terms of reference of the case
to the Court of Appeal should be broadened", Mr Ryall
said.
"However, I also advised that it is not appropriate to consider the
pardon application at this stage.
There would need to be cogent and compelling grounds to grant a free
pardon in circumstances where the Court of Appeal was about to hear a case.
"The Governor-General has concluded that, at this stage, Mr Ellis's case
is more appropriately dealt with by the Courts. The Governor-General has not decided Mr
Ellis's guilt or innocence.
"This being the case, the Governor-General has also decided that there
are some additional issues that may be relevant to the Court of Appeal's
deliberations.
"An Order in Council, setting out the grounds on which Mr Ellis's
convictions have been referred back to the Appeal Court, is currently being
drafted. I want this completed before
Mr Ellis's hearing on 31 May 1999. The
Order in Council will be published in The New Zealand Gazette in due course"
said Mr Ryall.
The Minister said he would not comment further as the case is now before the
Courts, and much of the material is subject to legal professional privilege.
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