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The Press
July 25, 2002
Fresh Ellis trial not likely, expert says
by Martin Van Beynen
A fresh prosecution against convicted crèche worker Peter Ellis is
highly unlikely, a criminal law expert says.
Christchurch detectives are again trying to interview Peter Ellis and former crèche
workers about a new allegation of abuse at the Christchurch civic crèche
which closed in 1992. It is understood
the allegations come from a person in his late teens who attended the crèche
while Ellis worked there between 1986 and 1991 and who has since been in
therapy.
Dean of the Canterbury
University law school,
Professor Gerry Orchard, said there was no statute of limitations in criminal
cases. "In modern times it is not uncommon for trials to occur as a
result of complaints of offending that might be 10, 20, or 30 years
old," he said.
Neither was Ellis protected by the double-jeopardy rule as he had not
previously been charged or tried for the offences now suggested.
"Nevertheless, it is hard to avoid the conclusion that in this case
there would be unavoidable and exceptional prejudice because of all the
publicity associated with the first trial and subsequent appeals and
controversy," he said.
The court had the discretion to stop a prosecution if a trial would be an
abuse of process, a term which covered cases where "if for one reason or
another a fair trial is not a reasonable possibility". The prejudice
could work both ways. It could be against Peter Ellis or against the police.
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