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The
Christchurch Civic Creche Case |
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The Minister of Justice appoints you [Sir Thomas Eichelbaum) to
inquire in the manner set out below into matters which may be relevant to the
assessment of the reliability of evidence given by the children who attended
the Christchurch civic crèche against Peter Hugh McGregor Ellis and to report
on whether there are any such matters which give rise to doubts about the
assessment of the children's evidence to an extent which would render the
convictions of Peter Hugh McGregor Ellis unsafe and warrant the grant of a
pardon. You are to: (1)(a) Review the reports and memoranda listed in the schedule
and (i) identify the processes, practices and procedures
currently accepted internationally as best practice for investigating mass
allegation child sexual abuses and interviewing children in these cases; and (ii) identify
any risks associated with a failure to adhere to best practice. (1)(b) On the basis of the evidence given at both the
depositions and the trial, assess whether the investigation into the events
at the Christchurch civic crèche case and interviews of children were
conducted in accordance with best practice as now understood. (1)(c) If you conclude that the interviews were not conducted in
accordance with best practice, identify the nature and extent of any risks
which arise, which might affect the assessment of the reliability of the
children's evidence. In conducting this task you are not required to
attribute or apportion blame to particular individuals who undertook the
interviews. The focus of the task is on the evaluation of systems and
techniques and their impact on the children. In undertaking the tasks referred in (1) above, you are to
invite, and consider, written submissions from the Crown Law Office (on
behalf of the Police, Department of Social Welfare and Specialist
Interviewers), Peter Ellis, the families of children who gave evidence at the
Ellis trial, and the Commissioner for Children. (2) For the purpose of
the assessment and the conclusions under (1) above, you are to: (2)(a) Seek and evaluate
opinions from at least two internationally recognised experts (if possible
with experience in mass allegation child sexual abuse) on whether there are
features of the investigation andlor interviews of the children (on the basis
of the evidence at depositions and trial) which may have affected the
reliability of the children's evidence, and if so, their likely impact. (2)(b) In selecting the
experts from whom opinions are to be sought you are to: (i) invite and
consider submissions from the Crown Law Office, Mr Peter Ellis, the families
of children who gave evidence at Mr Ellis's trial and the Commissioner for
Children; and (ii) make such
further inquiries as you consider necessary to ensure that the experts from
whom opinions are sought reasonably reflect the range of professional views. (3) In light of your assessment
and conclusions in (1) and (2) above, you are to report by 31 August 2000 on
whether there are any matters which give rise to doubts about the assessment
of the children's evidence to an extent which would render the convictions of
Peter Hugh McGregor Ellis unsafe and warrant the grant of a pardon. |
