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The Dominion Post
August 24, 2002
Justice report rejects book on Ellis case
by David McLoughlin
Justice Minister Phil Goff says he is keeping an open mind on whether
former childcare worker Peter Ellis is guilty of child abuse despite a
Justice Ministry report dismissing Lynley Hood's award-winning book on the
case.
Mr Goff said yesterday that nothing was worse than sending an innocent person
to jail.
But nothing in Hood's book, A City
Possessed, gave him grounds to overturn the findings of the High Court,
the Court of Appeal and former chief justice Sir Thomas Eichelbaum that Ellis
was guilty of abusing children at the Christchurch Civic Crèche.
Mr Goff was commenting on a review of the book done for him by Justice
Ministry chief legal counsel Val Sim.
Her report, which is strongly critical of the Dunedin author's work, concludes that
nothing in the book undermines the conclusion of Sir Thomas's March 2001
inquiry that Ellis's case "has had the most thorough examination
possible (and) should now be allowed to rest."
Ellis was convicted of 16 charges of abuse in June 1993 and sentenced to 10
years' jail. He was freed on automatic parole in February 2000 but has always
maintained his innocence.
Hood's book, which won the top non-fiction prize in last month's Montana book
awards, said the allegations were caused by hysteria and story-swapping among
crèche parents during a "moral panic" in Christchurch about child
sex abuse.
Ms Sim's report says that the assessment of the reliability of the children's
evidence was a matter for the jury that convicted Ellis on some charges but
not others, suggesting jurors were well able to make their own assessment.
The book's narrative was coloured by Hood's view that there was no evidence
of wrong-doing at the crèche and her account was one-sided because none of
the complainant children's parents would talk to her. The book had more
detailed information about some "aspects of the case" than was
heard at the trial but had little new information.
Mr Goff said he had had concerns about the case for years, which was why he
commissioned the Eichelbaum report.
"But to go back to tin-tacks, neither authors nor politicians can make
the final decision about whether someone is guilty or innocent.
"I know judges are not infallible but I am certain there are not grounds
in this book by which I could override the whole judicial process."
Ellis and his supporters were welcome to put forward any new evidence, which
would be considered seriously.
Hood said she would respond fully once she studied Ms Sim's report.
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