“THE LISTENER”

New Zealand

Volume 181, No 3213, ISSN 0110 5787

December 8 2001

Editorial – Bruce Ansley

 

WHIFFS OF INJUSTICE

 

When the top US lawyer of last resort, the Harvard Law School's Professor Alan Dershowitz, visited New Zealand he told me about a troubling aspect of his work: he dealt in sleaze.

 

He thought it necessary. The more unsavoury the characters, the more the state took liberties with their rights. So Dershowitz ("a sort of judicial St Jude", Time magazine called him) fought at the rough end, for what happened there would sooner or later affect everyone.

 

His observation fits the Peter Ellis case very well. A convicted paedophile is so odious that his cause is tainted. Why, asks justice Minister Phil Goff, doesn't everyone just let it go?

Of course, if Ellis is not a paedophile, the injustice is so much worse: as well as being wrongly convicted, he is also branded with one of society's most contemptible crimes.

 

The government would rather not face that possibility. It hopes the matter will go away. After all, injustice seems not as great when Ellis is no longer banged up in Paparua Prison, but lulled to sleep each night by the sound of surf at his little house near the beach. After a decade, though, clearly it isn't going away.

 

Peter Ellis did seven years for abusing children at the Christchurch Civic Creche. He has been free since February last year. Millions of words have now been written about identical mass-allegation cases around the world (most now discredited), the climate of hysteria in Christchurch, the scares peddled by an international abuse industry at the tine, the deficiencies of his trial, the bizarre and often ridiculous stories told against Ellis by children. Lynley Hood, the Dunedin author, has now added several hundred thousand in her book A City Possessed.

 

A whole series of official inquiries has changed the outcome not a jot. The High Court found him guilty. Since then Ellis's case has figured in two Court of Appeal hearings, three petitions to the Governor-General and two separate inquiries by High Court judges.

 

After the last such inquiry, by former Chief Justice Sir Thomas Eichelbaum earlier this year, Goff cried enough. Goff, like Eichelbaum, declared himself convinced that Ellis had been convicted properly.

 

Well, you might have some sympathy with the minister, especially, if you were a parent. The children said to have been abused by Ellis - a very small number in the end - are all teenagers at least. This bleak, unending case must have blighted their childhoods.

 

But the sum of those inquiries hardly adds up to the confidence claimed by Goff. At one Court of Appeal hearing one of the children said she had lied in her allegations against Ellis. Critics always suspected that children had reacted to pressure from parents and social workers. At the other, the Court of Appeal suggested a commission of inquiry. One High Court judge found the case against Ellis tatty enough for it to be referred back to the Court of Appeal. Only Eichelbaum was unambivalent, and Ellis's lawyers always considered his terms of reference far too narrow to give their complaints a fair hearing. The sequence smells of manipulation, and has only succeeded in making the Ellis case a running sore.

 

Now, Hood's huge book is raising what dust has been able to settle. She found the case against Ellis unconvincing. Her book has been received in a way that shows - although it hardly needs to be shown again - the sense of unease over this case. The book has lengthened the already long list of critics. Eminent lawyers and academics have expressed their doubts in reviews all over the country, effectively making the Ellis crusade an Establishment cause.

 

It would be nice to declare the whole thing over, as Goff has tried to do. But it is not. The play so far has only made the dilemma worse. A retreat would be a huge loss of face for police, courts and the government, who all now have a vested interest in Ellis's guilt. But injustice is corrosive. It lingers. Only a public inquiry can resolve it now.