NZ Government
March 14, 2001
Press Release
Wider Inquiry Claim Wrong
Phil Goff
Justice Minister
Phil Goff says counsel for Peter Ellis, Judith Ablett Kerr QC, has
misconstrued the comments of one of the experts used in the Ministerial
Inquiry suggesting he said a wider inquiry was required.
"Mrs Ablett Kerr has got it wrong claiming Professor Graham Davies of Leicester University advised a broader inquiry
was needed.
"Professor Davies said in the report there were issues beyond his remit
relating to details of evidence which the wider inquiry may wish to
consider," Mr Goff said.
The Minister said in its context, however, the reference to 'the wider inquiry'
meant the inquiry by former Chief Justice Sir Thomas Eichelbaum.
"Both of the experts' reports, including Professor Davies', were
commissioned to give Sir Thomas expert advice on matters relating to the
children's evidence.
"The details of the evidence referred to by Professor Davies were fully
considered by Sir Thomas, who spent over 400 hours studying tapes,
depositions and trial transcripts, Court of Appeal decisions and other
material relevant to Mr Ellis' conviction.
"The Royal Commission of Inquiry which Mrs Ablett Kerr continues to call
for would not have been appropriate. Such a wide-ranging factual inquiry
would result in the children involved being required to revisit their
evidence given ten years ago, when they were aged only 3 or 4 years old. That
would have little purpose, given the lapse of time. It would also create
unnecessary trauma and stress for the young people involved.
"There is also no need to relitigate matters which had been clearly
dealt with by seven judges over two Court of Appeal hearings.
"I remind Mrs Ablett Kerr of Sir Thomas' conclusion in his report that
the case advanced by Mr Ellis failed 'by a distinct margin' and that his
findings were not 'anything like a borderline judgement," Mr Goff said.
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