The Christchurch Civic Creche Case

News Reports Index

2002 Jan-June Index



The Dominion
May 4, 2002

Ellis turns to Privy Council

Peter Ellis, jailed for 10 years after being convicted of child sex abuse, would almost certainly take his case to the Privy Council, his lawyer, Judith Ablett Kerr, said yesterday.

Ellis, who was found guilty of abusing seven children from a Christchurch creche in 1993 and freed from jail in 2000, has always maintained his innocence. But he has exhausted all avenues in New Zealand to clear his name.

Mrs Ablett Kerr said that after months of considering the options, he was poised to take his case to the Privy Council before New Zealand severed ties with the London-based court.

Attorney-General Margaret Wilson has outlined plans to set up a stand-alone, five-judge Supreme Court to act as the final appeal court for New Zealand. The Criminal Bar Association opposes the move, saying there is not enough high-level legal expertise in New Zealand.

Mrs Ablett Kerr said the Privy Council was a hugely expensive endeavour and a disappointing move for Ellis and his mother, Lesley, to make.

"You have a man who really thought that New Zealand would sort it out. He was really quite convinced of that."

Ellis had been reluctant to take the case to London, she said. "But it may be that they are left with no alternative but to do that."

His latest efforts to clear his name failed a year ago when Justice Minister Phil Goff advised governor-general Sir Michael Hardie Boys not to give him the pardon he had asked for.

That followed a ministerial inquiry by former chief justice Sir Thomas Eichelbaum, two Court of Appeal proceedings and a High Court trial.

Children's commissioner Roger McClay has pleaded for the case to "go away" so the children and their families involved can get on with their lives.

Ellis's supporters have refused to give up. In the past year, they hung their hopes on a book by Lynley Hood, A City Possessed, which followed her seven-year investigation into Ellis's case. In February, there were calls for Mr Goff to start a new inquiry when the New Zealand Law Journal highlighted flaws in the way his case was handled.

The Privy Council would be asked to review the entire case, including the legal rulings that were made during the trial and the decision of the Court of Appeal to look at only part of the case, Mrs Ablett Kerr said.