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The
Christchurch Civic Creche Case |
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Counsel for convicted
child abuser Peter Ellis, Judith Ablett Kerr, QC, has criticised a decision
to have an inquiry into the Ellis case "that could not summons
evidence". The ministerial inquiry,
announced yesterday by Justice Minister Phil Goff, will be conducted by
former chief justice Sir Thomas Eichelbaum, who is to report back by August
31. The inquiry will
consider aspects of the case that the Court of Appeal, in its latest
judgment, had indicated were outside its scope and would be better dealt with
by an inquiry. These were: evidence
relating to expert opinion on gathering children's evidence and its
reliability, and material outside the court's jurisdiction related to mass
child abuse allegations. Mrs Ablett Kerr said
yesterday that unlike a commission of inquiry, as sought by Mr Ellis and his
supporters, the inquiry would not have the power to summons evidence. She welcomed the
appointment of Sir Thomas, saying she had the "greatest of confidence
and the highest respect" for him as a judge. "(However) it is
glaringly obvious that much of the material that the Court of Appeal felt
precluded from considering because it was unable to be put in the usual form
of appellate evidence will still be excluded from the inquiry," she
said. "In particular,
the police reports, the original reports relating to the parents, and the
later information which arose concerning Detective Colin Eade." Peter Ellis and his mother
Lesley greeted the news cautiously yesterday. "It took the wind out of
my sails," Mrs Ellis said. "I was preparing my speech of
outrage." But she also said that
their hopes had been dashed too many times for her to get excited. Peter, she
said, felt the same. "I think it's
good. I hope it is. The rumours led us to expect a let down . . . we'll just
have to wait and see." Announcing the inquiry,
Mr Goff said he hoped to make a speedy decision after Sir Thomas gave his
recommendation. The inquiry would
neither revisit the whole case nor tackle issues of guilt or innocence but he
hoped that Sir Thomas would give a "simple" answer, recommending
either a pardon or "no change". Sir Thomas could also recommend an
unheard-of third Court of Appeal hearing. "My role is to
ensure that the system of justice is working appropriately and to maintain
the confidence of the public in how it operates," Mr Goff said. Sir Thomas has been
asked to identify any unsafe interviewing practices and to seek the opinion
of at least two internationally recognised experts in the area of mass
allegations. He also has the freedom, however, to make any necessary further
inquiries. Sir Thomas's
investigation would help "considerably" in evaluating local
procedures for evaluating evidence and in highlighting areas that needed to
be changed and improved. Mr Goff also referred
to "parallel cases" in Britain and Australia. "The evidence
that arises in those jurisdictions is obviously relevant to how we've dealt
with them in this case," he said. Mr Ellis, freed last
month after serving two-thirds of a 10-year sentence for 13 counts of child
abuse at Christchurch's Civic Centre crèche, has twice, unsuccessfully, had
aspects of his case considered by the Court of Appeal. The second appeal was
after two petitions to Governor-General Sir Michael Hardie Boys for the Royal
Perogative of Mercy. Mr Ellis then petitioned Sir Michael for a third time,
requesting a pardon and a royal commission of inquiry. Mr Goff said a
ministerial inquiry had been chosen over a commission of inquiry because of
the desirability of being "flexible, more low key and more
discreet". "It is also likely
to be speedier and much less of a burden on the taxpayer." It had also
been important to minimise distress for the crèche children. |
