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Peter Ellis was "as angry as
I've ever heard him" after news the Court of Appeal had rejected a
second appeal on child abuses charges, says one of his supporters. But though bitterly disappointed,
Ellis had welcomed the judges' indication that a commission of inquiry would
be a better forum to decide the issues raised in the
Christchurch Civic Creche case, Winston Weallans told the Sunday Star-Times. He said Ellis believed the judges
had taken the easy option because they lacked the courage to make the
decision themselves. Ellis had also said "at least
it is good they agreed with me, my mother and supporters, there should be a
commission of inquiry into how this travesty of justice came about". According to Weallans,
Ellis said the crimes had never been committed, "let alone by me". Weallans has visited Ellis almost every week through his
nine years of imprisonment. Ellis said he wasn't really
surprised by the "He said: `I knew they would
have preconceived notions, and they would be aware that anything they did for
for me would reflect on the legal system. But if
everyone is wanting longer and more severe prison
sentences, they must make sure first that all the judges, juries, prosecutors
and police are beyond reproach'." Weallans said Ellis now accepted that in
February he would have to leave prison. He had earlier vowed to stay,
refusing all parole, unless his innocence was accepted. In their judgement
in the rare second appeal the five judges made significant references to
their view that a commission of inquiry would be an appropriate forum to
raise the questions put forward in the appeal. They said the court had been
supplied with a number of articles, reports and commentaries on the problems
associated with obtaining evidence from child complainants. "There is a limited use which
the court can properly make of that material . . . It is impossible, and in
our view it would be inappropriate, to attempt to undertake a comprehensive
analysis of it with a view to reaching a conclusion on some particular aspect
of relevance to the present appeal. "There may be matters worthy
of, and could properly be addressed by, a commission of inquiry, but the
court cannot undertake that kind of function under the guise of an appeal
under the Crimes Act 1961." |
