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http://www.menz.org.nz/MENZ%20Issues/2000/Apr%2000/April%2000.htm
Menz Issues
April 2000, Vol 5 Issue 3
Disappointment with Limited Ministerial Enquiry into Peter Ellis Case
by John Potter
Justice Minister Phil Goff says a Commission of Inquiry, which would have had
the power to summons evidence, was not favoured because it could have led to
the questioning of the children. He announced on 11th March that former Chief
Justice Sir Thomas Eichelbaum will be required to evaluate opinions from at
least two internationally recognised experts on sexual abuse, and other
relevant parties. An article on page 8 (here)
discusses the USA Daubert ruling on what constitutes expert evidence. The
choice of 'experts' for this enquiry will be the test of whether acceptance
of pseudoscience by New
Zealand courts is to continue.
Mr Ellis' lawyer, Judith Ablett-Kerr, said she was unhappy the inquiry would
be narrower than the royal commission she asked for. Important evidence would
be excluded, such as police reports, original reports relating to police, and
later information concerning a detective.
Again, the wholesale suppression of evidence by the court has been another
key feature of this case. The prosecution was not required to "tell the
whole truth", and the defence was not allowed to. The jury only heard a
fraction of the evidence collected by the police, and over the years since
the trial much other evidence has come to light. There is a lot more of the
Christchurch Creche story yet to be told.
Since Ellis was freed on parole on 2nd February, Goff has been waiting for
advice from Justice Dept officials before deciding whether an inquiry into
the child abuse case should be held.
"There are some clear problems," he acknowledged. "I am
talking about contamination of evidence and the way in which evidence is
acquired from child witnesses."
A Herald editorial went further, stating:
"It is no longer enough to say that 'little ones do not lie' about a
subject so unpleasant. They may not lie but nor do they easily distinguish
truth from imagination."
Ellis' mother Lesley says she wants parents of the creche children to join
the campaign to clear her son's name. "I would like to see them become
part of the commission of inquiry. What a difference that would make to their
children's lives if we can get this case cleared up."
However Commissioner for Children Roger McClay disagreed.
"He was convicted, he's been before many judges, he's appealed, he's
paedophile, he's sinned, he's paid his price. I want to continue to think now
about the children. I have no regard for him," McClay said.
He claimed that while Ellis' victims had the right to be heard, the
Government should appoint someone to speak on their behalf if an inquiry was
launched. McClay hit the nail right on its head when he asked:
"Is our justice system really so woefully hopeless, or worse still corrupt,
as to allow such a miscarriage of justice? Or do we just have trouble
believing the word of children?"
Justice Eichelbaum will make a significant contribution to New Zealand's judicial history
when he reveals the answer to the Commissioner for Children's question.
Phil Goff responded that McClay's call for child-advocates was
"premature". He also noted the justice system was not infallible.
"From time to time it gets things wrong," he said. "That's why
we have appeal procedures within the law and from time to time issues arise
that cannot properly be dealt with by a court of law."
Waikato University senior law lecturer and child advocate Wendy Ball made her
views clear after she spoke to tired parents and emotional children involved
in the Ellis case. "This is the sixth or seventh bite he's had of the
cherry" she said.
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