"SUNDAY STAR TIMES"

Sunday, 25 November, 2001.

Auckland, New Zealand.

Nationwide Distribution.

Page A2.

 

NATIONAL NEWS

 

LEGAL CALLS GROW FOR ELLIS REVIEW

 

By DONNA CHISHOLM

 

Legal muscle is gathering behind author Lynley Hood's bid to put the Peter Ellis case back on the political agenda.

 

Hood's A City Possessed on the Christchurch Civic Creche investigation provides a compelling case for Ellis' innocence of the child sexual abuse charges for which he spent seven years in jail.

 

But a spokesman for Justice Minister Phil Goff has said Goff is unlikely to read the book and remains satisfied with the conclusions of former chief justice Sir Thomas Eichelbaum that Ellis had failed to prove his convictions were unsafe.

 

Hood accuses Goff of moral cowardice and having a closed mind - and senior lawyers who have read the book back her call for political action both on the Ellis case and the flaws in the criminal justice system which allowed it to happen.

 

Otago University law faculty professor and dean Mark Henaghan said he planned to gather all the reviews of A City Possessed - most by senior lawyers and academics - and send them to Goff asking him to act.

 

"I will suggest more needs to be done," he said. The book demanded a response and exposed cracks in the system which others could fall into if nothing was done.

 

Henaghan said he had always felt the pendulum had swung too far in child sexual abuse cases, for example the suspension of warnings to juries about the need for careful scrutiny of children's evidence and allowing experts to say a child's behaviour was consistent with sexual abuse when nothing was inconsistent with it.

 

He had concerns about whether Ellis received a fair trial and a commission of inquiry into how the criminal justice system handled child sex abuse was one way of examining the problems.

 

Palmerston North Queen's Counsel Mike Behrens said A City Possessed changed him from being a supporter of the adversarial justice system to one who saw grave faults in it.

 

While his gut feeling before was that Ellis was innocent, "the horror deepened" when he read the book.

 

The pressure was off the government, he said, because Ellis was an unpopular cause. "Who wants to align themselves with Ellis? Arthur Allan Thomas was your good keen Kiwi boy and good political fodder; a vote catcher. One would like to hope people would look at the case and say the evidence is this person is innocent but it doesn't work like that.

 

"Is it scandalous that an innocent man remains convicted? Of course it is. It is in the too-hard basket."

 

Canterbury University senior law lecturer Cynthia Hawes said she would like to see the government pardon Ellis. The legal avenues appeared exhausted.

 

"Apart from people who are deeply involved in the case, I would say everyone accepts he is innocent."

 

NZ Law Journal editor Bernard Robertson said the book raised questions about the legal system which had to be answered - all the judicial inquiries into the Ellis case suffered from limitations which destroyed their usefulness.

 

Auckland University associate law professor Bill Hodge was convinced moral panic spread from the parents of the Christchurch Civic Creche children to those who would ultimately prosecute and convict Ellis.

 

"Political pressure is the only avenue left in a democracy when the orthodox legal channels for criminal appeals have been exhausted as they have been in this case."

 

Said Hood: "Everyone is saying this is a really important book and the government can't ignore it. The systemic problems are wider than Ellis."