2001-1001 - Otago Daily Times - Book May Change Way

Otago Daily Times Online Edition

Monday, 1-October 2001

“Book may change way child abuse cases are dealt with”

By Kay Sinclair

Dunedin law professor Mark Henaghan believes Lynley Hood's study of the Christchurch Civic Creche case could lead to some reassessing of decision-making processes relating to child sexual abuse cases.One of the most important things A City Possessed did was question the processes relating to expert evidence on whether children's behaviours were consistent with sexual abuse, Prof Henaghan told the Otago Daily Times last week.

Legislative changes in the years before the Peter Ellis trial meant evidence concerning such matters no longer had to be scientifically tested.

"It is so dangerous," he says. "When you put it all together, you definitely come out with a feeling of unease and discomfort."

The Otago University Dean of Law describes Lynley Hood's book as the only fully documented account examining the Christchurch Civic Creche case in the context of the time.

And he sees its strength as not telling people the answer, like books on other high-profile cases such as David Bain, but instead, putting thoroughly documented information in front of people so they can make their own assessment. Its most valuable aspect was the research."It's thoroughly documented and gives a full picture of what was going on at the time.

"The first four chapters in particular show how people came to be caught up in a particular way. We seemed to be looking for child abuse everywhere.

"Those handling and investigating the case were not acting maliciously," he says.

"But this book shows how the power of ideas can take over, why the particular facts emerged and were interpreted as they were in the overall societal anxiety."

A City Possessed showed what happened "when the pendulum swings too far", Prof Henaghan says.

It revealed "layer upon layer of possible contamination" in evidence presented to the jury who, he says. did not have the full picture because so much was edited out.

They were not able to consider the lack of opportunity for the alleged offending to have taken place at what was a busy city centre creche, with dozens of staff, people coming and going and high staff-to-children ratios.

"It was probably a case which should have been heard somewhere else, given everyone had a point of view about it and so much had been written and discussed.

"Peter Ellis really didn't stand a chance of having a fair trial because of the amount of community interest and hysteria."

As to possible reactions to the book and lessons to be learned, Prof Henaghan hopes it will be seen from the point of view that any system of justice needs constant scrutiny, review and questioning.

"The court process is always open to challenge," he says. "One of the important things this book does is fearlessly challenge some of the court processes which, although initiated with good intentions, with hindsight maybe need to be reviewed."