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The Press
September 14, 2002
Author sets sights on justice dept
by Martin Van Beynen
Author Lynley Hood will deliver a
stinging attack today on the way the Ministry of Justice has dealt with her
book on the Christchurch Civic Crèche case.
Her award-winning book A City Possessed, published last October, has sparked
a flurry of calls for Justice Minister Phil Goff to further review the case
and to pardon former creche worker Peter Ellis.
In an address to the Skeptics Conference today, Ms Hood is expected to attack
a report by the Justice Ministry's senior counsel Val Sim which dismissed her
book as containing nothing new.
The argument the case has already been exhaustively reviewed by judges and
special inquiries has been an easy one "while no outsider had enough
information to effectively challenge it", Ms Hood says in the address.
"But I'm astounded that Sim and Goff still think they can get away this
self-serving obfuscation? when thousands of New Zealanders have read my book.
These readers know that I haven't just disagreed with the findings of a jury,
a high court judge, two courts of appeal, and a ministerial inquiry, I've
demolished them.
"They know that the book isn't just about the guilt or innocence of
Peter Ellis. They know that it identifies serious flaws in the justice system
that need to be addressed. They know that the Court of Appeal's 'new
evidence' rule is just a confidence trick invented by their Honours to save
themselves from ever having to admit that they've made a mistake."
Ms Hood maintains that readers of A City Possessed know Mr Goff has the power
to pardon Peter Ellis and establish a commission of inquiry. "So who are
Sim and Goff fooling? Certainly not the readers of my book."
None of those criticised in her book, "and no lawyer other than Val
Sim", has seriously challenged any part of the book, she says.
There are no monsters in the Civic Crèche story, the address says.
"I think the problems arose when the winds of panic swept through Christchurch and the
moral compasses of ordinary, decent, well-intentioned people became so
disoriented that they ended up doing harm when they thought they were doing
good.
"That said, one of the lessons of the great witch hunts is that we
shouldn't under-estimate the power of the authorities to either inflame or
dampen down these panics. Imagine what would happen if ACC offered financial
compensation to the alleged victims of alien abductions."
Ten years on from the Civic Crèche case, the sex-abuse hysteria that drove it
continues unabated, Ms Hood says.
"Currently, children as young as 10 are being labelled sexual predators.
Prurient computer technicians are determining what responsible adults should
be allowed to see, read, and hear. Respected school teachers ? who have been
abusing nobody but themselves ? have had their careers and reputations
destroyed. A one-legged 60-year-old has lost his international sporting
career over a bit of tomfoolery that harmed no-one.
"The explosion of historic allegations against Catholic priests
escalates daily. We're as much at risk today of having our lives, our
families, and our communities ripped apart by false allegations of sexual
abuse as the people of Christchurch were in 1992."
It is important to challenge the pessimists who say the crèche case is too
hard, the address says.
"Of course it's not too hard. If South Africa can deal with
apartheid and move on without civil war breaking out, surely we can deal with
this."
Changes to laws or counselling guidelines would not, however, repair the
damage already done by the Civic Crèche case, she said.
"I think what's needed there is a royal commission headed by a robust
overseas judge. Of course we shouldn't expect too much of such a commission.
It won't fix everything. But it will enable everyone involved to have their
say. It'll help the truth to come out. It'll bring a degree of
accountability. It'll help clear the air, and in doing so it'll help everyone
move on. At the very least, it'll give the State the opportunity to
acknowledge the magnitude of the damage done.
"A commission of this sort would offer amnesty to those whose conduct is
called into question in exchange for a full, truthful account of their role
in the case, while those whose rights have been violated would be offered the
chance to be heard, and to hear the truth come out, as an alternative to
expensive and divisive show trials and administrative purges, and endlessly
escalating compensation claims."
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