Auckland, New Zealand.
Sunday, December 9, 2001.
OPINION
ELLIS TRIALS
Against Lynley Hood's view that Peter Ellis is
innocent are the combined and unanimous views of the judge and jury who found
him guilty; the views of seven Appeal Court judges who in two separate appeals
upheld the conviction; and the views of a Ministerial Inquiry who found that
Ellis' arguments failed "by a distinct margin" to satisfy him that
the convictions were unsafe.
Sir Thomas Eichelbaum, who conducted the inquiry, had
16 years experience on the bench, 10 as chief justice. He spent over 400 hours
examining the tapes, trial transcripts,' Court of Appeal decisions and talking
both to Ellis and the families of the children who gave evidence.
He was advised by two
internationally renowned experts in child evidence. All three independently
reached the same conclusion that the evidence on which the convictions were
based was sound.
I have no doubt Ellis' supporters are genuine in
their views but they ought not to expect that I should put Hood's advice and
advocacy ahead of independent and objective judicial scrutiny and conclusions
on this case.
Rather than seeking a political decision to overturn judicial
conclusions, if Hood has any fresh evidence she believes has not already been
considered by the courts, she should submit it for consideration through the
established prerogative of mercy process.
Phil Goff
Minister of Justice
Wellington