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ACT Party
Media Release -- Justice
Friday 28th Apr 2000
Add Dale Rape Case to Ellis Inquiry
Stephen Franks
The Dale rape case should be
included in the Ellis inquiry to ensure a thorough investigation is made,
said ACT justice spokesman Stephen Franks.
“We must establish whether the law is no longer protecting the innocent.”
The Government yesterday refused a petition for pardon of
three men convicted of a 1996
rape. The men had sought a pardon after their accuser authored and
signed a retraction of her testimony in front of a Justice of the Peace.
“Former chief justice Sir Thomas Eichelbaum is currently conducting an
investigation into the Ellis case and has been asked to review unsafe interviewing
practices, the evaluation of evidence and to highlight areas that need to
be changed and
improved. He also has the freedom to make further
inquiries applicable to sex cases.
“Groups in New
Zealand want to adopt a
proposed change in British sex crime law. Instead of the prosecution having
to prove non consensual sex, the accused would have to prove consent, if it
was an available defence.
“This is no trivial matter. The
requirement for corroboration of certain evidence in rape cases was
removed years ago. That was probably sensible, but many people believe our court system is now so
politically correct as to be susceptible to miscarriages of justice. Canterbury University
criminologist, Greg Newbold, in his new book – Crime in New Zealand – has
evidence that the courts are biased against men in cases involving women.
“The Dale example, as well as the Ellis case, may show why earlier judges
developed special rules for sex cases to reduce prejudice towards the
innocent. To now consider a complete reversal of the
burden of proof is a serious matter.
“The Minister of Justice Phil Goff
must deal with the suspicion of politically correct injustice from our
courts. He should ensure that the Dale, and burden of proof, matters are
considered by the Ellis inquiry,” said Stephen Franks.
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