The Christchurch Civic Creche Case

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Television 3, "20/20"
February 27, 2000

The Ellis Files

Producer: Mark Jennings
Reporter: Melanie Reid

 

Karen intro: Peter Ellis is out, released after almost seven years. Seven years of prison life, labelled a child abuser. Seven years in which controversy has raged about his innocence or his guilt. Ellis's trial - the Christchurch Civic Crèche case - was one of the longest in New Zealand history. He was convicted back in '93 then failed with two appeals and still it goes on. Now there's to be a government inquiry. Through it all Peter Ellis has had to take a back seat. Others have done most of the talking...for and against him. But now it's his turn. Tonight, the long-awaited interview, Peter Ellis with Melanie Reid.

 

 

Melanie Reid (V/O):

Out of prison for only a few hours and Peter Ellis finds himself back in front of the media that have followed the twists and turns of this extraordinary case for the last decade. Peter Ellis appears nervous and slightly hesitant but knows what he's here for.

 

Peter Ellis:

I hope you will understand my decision to read out what I want to say to you. After being a prisoner for nearly seven years I wasn't sure I’d be able to express what I wanted to say without writing it down first. I want to say thank you. I want to say thank you to the public of New Zealand who have supported me over the last eight years, I want to say thank you in particular to the parents of children at the crèche who have stood by me. They know who they are and I will always be moved by their support. I can't let this moment pass without also mentioning the tremendous support that I have received from my fellow prisoners and their families and it has been much appreciated. Finally I would thank my mother and my family. In particular I mention my mother who has given the last eight years of her life to supporting me and I feel that she has served that sentence with me. Thank you mum.

 

Melanie Reid (V/O):

And then he's gone. With his legal team around him Ellis disappears to another life. And as they have done for six and a half years the media turn to his mother for their interviews.

 

Mrs Ellis:

Well I think the focus is still going to be on clearing his name.

 

Melanie:

On the day Peter Ellis was released from prison the new Minister of Justice, Phil Goff, announced an inquiry into the case. For Ellis and his supporters it's another chance to clear his name. But for the families and children who gave evidence against him, it represents more pain and suffering as old wounds are re-opened. Tonight we ask Ellis about this issue and why, after so long, he won't let the matter rest. (I/V): Some parents say that while you've been in prison for the last six and a half years claiming your innocence, that they've been looking after their damaged children that have got sleeping and eating disorders and behavioural problems because of what you did to them.

 

Peter Ellis:

Well I didn't do anything to them. And I really, I do want them to stand back and join this asking for an enquiry and just remove the emotions of it all and hope positively that perhaps, just perhaps that I have spent six and a half years fighting for them just as much as I have been fighting to clear my name.

 

Melanie Reid:

You've been fighting for the children?

 

Peter Ellis:

Of course I have. That is what being a child care worker is, is standing up and saying for the children, “It didn't happen and this is not fair on you, its not fair on your parents. We want a full investigation into the Civic Crèche case and we would like the emotions torn aside and look and see what the issues are left and the people that actually drove that case.”

 

Melanie Reid:

There will be parents out there who are convinced that you abused their children, that will hear you say that and say, “Don't insult me. Don't insult our family and don't insult our children.”

 

Peter Ellis:

Then I think they really have to start looking at why are there other people of the public that don't know me, and don't know anything about the crèche, why are they being so supportive?

 

Melanie Reid:

Peter, is there any chance that you've convinced yourself this didn't happen?

 

Peter Ellis:

No. No there's no chance. I mean, I know I didn't do it. The way I was brought up. All these things. This isn't me, this isn't... I’m not interested in having sex with children.

 

Melanie Reid:

In 1993 Peter Ellis was sentenced to ten years for abusing preschoolers when he worked at the Christchurch Civic Crèche. Four female co-workers were also charged, only later to be discharged. Like the women, Ellis too maintained his innocence from the beginning but his supporters believed he had no chance of escaping a guilty verdict and that the dice were loaded from the start. And Ellis told us that in an interview even before he went to trial.

 

Peter Ellis:

Something went wrong and it was nothing to do with sexual abuse of children.

 

Melanie Reid:

What was it to do with?

 

Peter Ellis:

It was to do with people that decided it had happened and as far as I’m concerned the police and social welfare and the way it was done, caused the most saddest thing I’ve known for a long time in my life.

 

Melanie Reid:

Before Peter Ellis went on trial his appearance changed markedly. The long hair and colourful clothing disappeared. A clean cut Ellis emerged. But he was still openly gay and at times eccentric, and his supporters felt that that counted against him. (I/V): You were flamboyant when you worked at the child care centre. After seven years of imprisonment, is Peter Ellis as flamboyant now as he was then?

 

Peter Ellis:

Well, flamboyant and the word outrageous are actually media terms. They belong to the media and they are also partly responsible for what happened to me in the Civic trial. I am certainly a very gregarious, I am a very happy person and people can attach those labels if they so chose. I didn't necessarily think I was any more outrageous or flamboyant than the most sort of fun person, and to be a crèche worker you've got to be a little bit fun. But I’m probably slightly more subdued though I haven't lost that sense of humour. It still lurks.

 

Melanie Reid:

It's always seems to be mentioned and it was commented on after your press conference recently about you wearing eyeliner.

 

Peter Ellis:

Yes.

 

Melanie Reid:

Does it bother you?

 

Peter Ellis:

I personally think that, it's not even part of what the case is about. In fact it strikes me as slightly homophobic from some angle and it's just a superfluous bit of fluff that's not required. I was wearing liner since the age of 16.

 

Melanie Reid:

You wear it every day don't you?

 

Peter Ellis:

Yeah. I sort of put it on, like I put my glasses on. I had some of the guys in prison ask me about it and I sort of looked for a moment and I said, “Well you've got tattoos, you can't take them off. I can take this off.” It’s no more than a design, a signature. Clearly there are some media that like smudges of eyeliner, like dresses. I don't wear a dress. I've never worn a dress.

 

Melanie Reid:

There was an article in the Sunday paper saying that you wore a dress in prison.

 

Peter Ellis:

That's correct. Yes there was. And as I said, that's just another example of how the Civic Crèche case started. As I said, how many people now out there now think I wear a black dress?

 

Melanie Reid:

So you've never worn a black dress?

 

Peter Ellis:

No I’ve never worn a black dress.

 

Melanie Reid (V/O):

While prison effectively silenced Ellis it didn't stop the debate. His supporters and detractors fought a running battle in public. It meant that Ellis became and remained one of this countries highest profile criminals.

 

John Banks:

The evidence upon which he was convicted for child abuse looks like it’s falling apart.

 

O'Connor:

There's a man in prison, a paedophile in prison, where he belongs. As a result of this documentary and other people with vested interests bringing this thing to the public, the people who really suffer time and time again are the victims.

 

Parliament:

There should be a judicial enquiry into the handling of this whole case.

 

Melanie Reid (V/O):

Rarely has a case provoked as much emotion as this one. On the day Ellis left prison it bubbled to the surface.

 

Roger McClay:

He's done his time. I would just say to him and other convicted paedophiles, leave our children alone. They're very vulnerable and I’m going to stick up for them every chance I get.

 

Peter Ellis:

Well, I’m saying to those critics that we all need to step back from the emotions of it all and those emotions were quite clearly displayed by the Commissioner for Children who really was quite emotional, to a point that he really shows how the crèche case started. That was a purely emotive statement he made.

 

Clip from March 23, 1992:

“There are specialist interviewers who are being set up to interview these children.”

 

Melanie Reid (V/O):

Ellis and his supporters have always argued that it was a wave of emotion followed by an unwitting conspiracy of people and events that saw him go down for a crime he did not commit. Among their concerns, the revelation this key police officer in the Christchurch Child Abuse Unit was obsessed and struggling with mental illness during the inquiry. The same officer is alleged to have sexually harassed a crèche mother and once the trial was finished he had relationships with two other women involved in the case.

 

Child:

And he was on stilts when he came along.

 

Interviewer:

Hang on.

 

Melanie (V/O):

Questions also surround the way children at the crèche were interviewed. Current interviewing standards in New Zealand stipulate one interview only with children. Some children involved in the Ellis case were interviewed five or six times. Then there was the issue of two jury members who were shown to have links with people involved in the case. But perhaps the most controversial of all this; the fact that the jury didn't hear all the evidence - the more bizarre, unbelievable allegations. But none of this cut any ice with the Court of Appeal.

 

Judge:

The appeal is dismissed.

 

Radio Announcer:

The Court of Appeal has rejected the second appeal

 

Judith Ablett Kerr QC:

There’s one thing you can be sure of. The battle to clear Mr Ellis's name goes on. The Ellis files are still open. The truth is out there.

 

Melanie Reid (V/O):

The Court of Appeal judgement did however recognise the benefits a Commission of Inquiry could bring to the case. (I/V): So what do you think of the justice system now?

 

Peter Ellis:

What do I think about the justice system? I think it needs looked at.

 

Melanie Reid:

You've just spent six and a half years in jail. You're claiming you're innocent. Are you just being polite?

 

Peter Ellis:

I’m a polite person.

 

Melanie Reid:

But what do you think of it in light of what's happened to you?

 

Peter Ellis:

You're asking me to step beyond me as a person. I'm not

...

Melanie Reid:

No I’m not.

 

Peter Ellis:

Yes you are. I’m not...people have seen my mother. There are ways of saying, “Look I think you lot really stink,” and there are ways of saying it. I think it needs looked at and I would like it looked at and if it can be done in the best possible way for everyone, then fine.

 

Melanie Reid:

Are you bitter or are you just hiding it?

 

Peter Ellis:

You can make prison tough and you can make yourself bitter and I have a clear conscience. I did not abuse children at the Civic and I have the people that believe that, so I can't afford to be bitter because it diminishes their support and their faith in me, and I had a happy family and I have still got a happy family and they were always there for me, so no I’m not bitter.

 

Melanie Reid:

Do you feel angry?

 

Peter Ellis:

I can feel angry. Yes I’m angry. I'm angry because it took away a brilliant crèche, it effectively threw a huge stone in the middle of a pond and that ripple didn't just stop at the Civic Crèche. It stops grandfathers from picking up their first grandchild because they're a bit worried. It stops uncles from going and picking up their nephews and nieces from playgroups and it stops the fathers of New Zealand participating fully with their children and our teachers, our teachers in early childhood, our male teachers and those in primary school, they don't want to be it. We're losing those.

 

Melanie Reid (V/O):

Peter Ellis’s own future looks uncertain. He won't work in the child care industry again and six and half years in prison tends to be career limiting. However his time behind bars saw him develop a deep interest in prison reform and helping other inmates. It's clear that Ellis feels a deep sense of gratitude to those who served time with him. (I/V): At the press conference you were quite emotional when you were talking about the support from inmates. Why was that?

 

Peter Ellis:

It was arriving in the prison system and it's a terrible label being a child abuser, the word being the kid fucker, and to find that obviously some of them had read and made up their own minds, and they took time to actually talk to me and make their own personal informed decisions. And I suppose the fact that each time I moved to a different wing and I was rounded up by people that have become special friends to me, like my friend Dan. And we had our own battles if you like within the prison system. Those people and their mothers and their visitors that turned round and said, “Keep going, we believe in you,” were important to me. And they became important to my mother too.

 

Melanie Reid (V/O):

One of those people was this man. Dan and Peter became close friends in prison. Dan has also recently completed his sentence. He was serving time for manslaughter relating to a car crash. (I/V): Dan, you were in prison when Peter arrived. How did the inmates react?

 

Dan:

There were some inmates that caused a little bit of flack but that was dealt with before it reached Peter.

 

Melanie Reid:

So were there people looking after Peter?

 

DAN:

Most definitely was, yeah.

 

Melanie Reid:

Why do you think that happened?

 

Dan:

Because people believed in his innocence. They believed he was fighting for a good cause and it was... people were really proud that as an inmate that he could stand up alone and do these things. He had courage and fortitude and in some ways he was an inspiration for other inmates.

 

Melanie Reid (V/O):

For now Ellis plans to keep to himself and wait for the government enquiry. And look after another recently released prison friend.

 

Peter Ellis:

 Fergus was in the Lamon Villas in the self-care units with me and we had to get him fixed and be responsible for him, and one of the pre-reqs was he was to go with me.

 

Melanie Reid:

So when Peter Ellis went out of prison after six and a half years, Fergus the cat...

 

Peter Ellis:

No, Fergus got paroled the day before me actually. He went first so he was sitting rather grumpily in the dirt box when I arrived home.

 

Melanie Reid (V/O):

Throughout this long running saga Ellis’s sense of humour has remained close to the surface. He refuses to entertain descriptions like victim or martyr. And he says he's found a silver lining in the cloud that's hung over him for so many years.

 

Peter Ellis:

I found out I was probably a lot stronger than I ever thought I was. And perhaps I grew up a little bit. I don't know.

 

Melanie Reid:

Do you think you did?

 

Peter Ellis:

Yeah I think so.

 

Melanie Reid:

In what way?

 

Peter Ellis:

I don't know, just watching, watching the wrong people in prison struggling through it all and thinking, “Damn I’d like to do something about this.” Watching my mum walking through that gate. Yeah. Watching her strength, yeah, watching her strength.