North and South
December 2001
(publication date Nov 12, 2001)

They Got it Wrong
By Gordon Waugh

Your article on Lynley Hood and her new book "A City Possessed" (November) was excellent.

The Christchurch Civic Creche case began with allegations of ritual abuse involving several crèche staff and ended with convictions for sexual abuse against Ellis alone. No physical or forensic evidence, no corroboration, no testable evidence of genuine abuse was presented by the prosecution - it relied on fanciful stories wrung from little children by self-styled "experts" using unsound methodology.

In another sexual abuse case, a full-bench Court of Appeal noted in 1998 "...it was in the public interest that the search for truth should, in general, be unfettered." Natural justice demands no less. But the search for truth was shackled and Ellis was convicted.

There are two primary faults which Parliament must fix. One is the Evidence Act amendments which made sexual crimes "crimen exceptum". They removed the time-honoured requirements - only in sexual cases -for the prosecution to present corroborative evidence, and the judicial obligation to warn juries of the danger of convicting in the absence of corroboration. Too many such trials now turn on "her word against his". The amendments, based on belief not fact, must be rescinded.

Secondly, the counselling "profession" is unregulated, irresponsible and shuns accountability. Counsellors laid claim to an unearned status as specialists. They adversely influence the mental health of many in our community, and attract huge sums of taxpayer money through ACC. Their unprofessional use of assumption, opinion and belief was never acceptable.

Parliament must now compel all counsellors to qualify and practice under an open regime of rigorous formal training, examination and licensing. Their theories, methods and findings must withstand public and professional scrutiny, and satisfy evidential criteria. They must accept accountability.

"A City Possessed" provides adequate reason to exonerate Ellis and return common sense to a justice system misled by self-appointed experts. Ms Hood is correct. They got it wrong. Again.