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The Dominion
July 8, 1999
Ellis jury had full picture, Crown tells appeal hearing
Allegations against convicted paedophile Peter Ellis involving children at a
masonic lodge were incorrect and that was known at his trial, the Crown told
the Court of Appeal yesterday.
Putting the Crown case on the third day of Ellis's second appeal hearing
against his 1993 convictions for sexually abusing creche children, Simon
France said that evidence that it would have been impossible for the children
to enter the lodge, had been clear.
But this had properly been available for the trial to consider.
When Justice Thomas referred to a report showing that the aspect of
impossibility was not pursued, Mr France replied: "The question
does arise how inquiries were made, but no one would suggest we should go
back and question the children again . . .
"Your honours will find that most of these things were addressed."
Court of Appeal president Sir Ivor Richardson: "Is it your argument that
there was so much bizarre material before the jury that counsel properly made
the decision there was no need to go (further) into something like the
Masonic Lodge because it was canvassed thoroughly at depositions?"
Mr France:
"Yes."
Mr France
said there was nothing factually new at appeal and that the appropriate
course was to leave the issues to a jury.
Justice Thomas: "If the jury didn't have the full picture . . . they're
not in a position to assess contamination however well they're informed."
Mr France:
"The Crown position is they did have the full picture. What they didn't
have was because of choice and all was available . . .
"My submission is the (trial) process has proper roots and should be
adhered to."
Justice Thomas: "Is it not possible that if this jury had received
evidence of this phenomenon (ritual abuse), and of its self-generating
nature, it might have viewed evidence differently rather than as having
straight credibility?"
Mr France:
"I'm not sure what this new mass allegation evidence is."
Sir Ivor referred to mass allegation at America's
Salem
witch-trials.
Justice Thomas: "Do you concede that in cases where there are mass
allegations in a day-care centre situation, there's a need to recognise the
risk of contamination, to take steps, and for the jury to have knowledge of
that risk, as a general proposition?"
Mr France:
"Yes. I'm saying we did know it, that appropriate inquiries were made,
and that the jurors would have assessed it."
Earlier, defence counsel Greg King wrapped up the defence case, asking for
consideration of the discovery that a juror had not disclosed from the start
that she was closely connected to a complainant child's mother.
It had also come to light that a member of the public had reported a juror
proclaiming her belief in Ellis's guilt at a social function.
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