New Zealand Herald,
Tuesday 19 October 1999,
Page A11.
"Non-judicial inquiry needed in crèche case"
by Brian Rudman
The justice system has failed Peter Ellis yet again. Now it's up to the Prime
Minister to take a leaf out of Rob Muldoon's book and set up an urgent inquiry
into the whole sorry mess.
Last week, five Appeal court judges said they were not persuaded a miscarriage
of justice had occurred in 1993 when the former crèche worker was locked up for
10 years for child abuse. It is hard to believe that many of the rest of us
feel such certainty about Ellis' guilt, except that is, those caught up in the
anti-satanist, paedophile-behind-every-tree hysteria that erupted in
Christchurch in late 1991.
In 1978 Muldoon faced up to growing public unease about the conviction of
Arthur Allan Thomas for the Crewe murders by setting up an extrajudicial
inquiry. He was right. The inquiry supported claims that the police had planted
incriminating evidence. Thomas was pardoned.
In Ellis' case it isn't a matter of a single cartridge case. Here it is a case
of evidence so fanciful and unreliable that even the prosecutors couldn't bring
themselves to use the more extreme stuff for fear of being laughed out of
court. Fatal for Ellis was the refusal of the trial judge to allow his lawyer
to produce this bizarre evidence - the testimony of preschoolers - to underline
how fairy-taleish and unsafe it was.
On the evidence of these kids, some of them endlessly badgered by their parents
with leading questions, Ellis and four female workers at the
Christchurch Civic Crèche were accused of all sorts of vile and sordid acts
dating back over five years. The charges against the women were dropped on the
eve of trial.
As for Ellis, he was supposed to have sexually violated the children, stuck
needles and sticks into their anuses and penises and forced them to stand naked
while women crèche workers danced around them. One child claimed on video that
another had been killed. Others claimed they had been suspended in cages from
high rafters.
All of this allegedly happened without one child showing any signs of distress
or physical injury. No one reported the alleged murder victim missing. No one
saw any of this happen, although the crèche had several entrances and was open
to parents and the public at any time.
It now seems obvious that Ellis was the victim of a ritual-abuse hysteria that
had previously swept the United States and had now found a fertile home in
Christchurch. He was not helped by a law which allowed juries to convict
alleged child molesters on the uncorroborated word of young children, or by the
trendy social worker belief that children - particularly sex-abuse victims -
never lied.
There is growing expert evidence that that is nonsense, especially when kids
are pushed and prodded for an answer. Even when nothing has happened they will
try, under pressure, to give what the adult wants, often romancing away like
the brothers Grimm.
Since his incarceration, Ellis has discovered, as did Thomas, and more
recently, David Dougherty, that like most justice systems, ours is not built to
handle its mistakes. To allow for mistakes is to admit the system is flawed. It
would also open the way to endless relitigation.
Some justice systems cope with this need for finality by running a same-day
system. First the trial, then a quick truck trip to the stadium for the bullet
in the back of the neck. Our system allows appeals, but only on the limited
grounds that the judge didn't stick to the trial rule book, or that new evidence
has become available.
Twice now the Appeal Court has ruled that Justice Williamson did stick to the
rule book. As to new evidence, such as that children lie when pressured, the
latest Appeal Court ruling says that has nothing to do with it. It suggest such
matters are for "the more wide-ranging function of a commission of
inquiry."
If that's the case, then let's have one. It's time the people of Christchurch
were forced to confront the anti-satanist madness that gripped their city in
late 1991. It is also past time Ellis got justice.