The Press
June 25 2003

Retired judge holds 'serious misgivings'
by David McLoughlin

Retired High Court judge Laurie Greig says he has serious misgivings about the Christchurch Civic Creche child abuse case and says a full commission of inquiry is needed to answer the many questions raised about the prosecution.

The former Justice Greig, who retired from the Bench in 1996, is one of the 140 lawyers, politicians, and other public figures to sign a petition seeking a royal commission into the case, which saw creche worker Peter Ellis sentenced to 10 years jail in 1993.

The petition was presented to Parliament yesterday by its organisers, National MPs Don Brash and Katherine Rich. Several former creche workers were among about 50 people who attended a ceremony at Parliament.

Justice Greig, who was on the Bench at the time of Ellis's trial and first unsuccessful appeal, said yesterday that he had not followed the case closely at the time but became concerned after reading Dunedin author Lynley Hood's book on it, A City Possessed.

"When I read that book I felt it required a sober investigation, a separate new look by a commission of inquiry," he said. "Even if it comes out that he (Ellis) was indeed guilty, that would be a worthwhile outcome too, as long as it resolved all the doubts."

Ellis was paroled in 2000, continuing to maintain his innocence. The next year a report on the case for Justice Minister Phil Goff by former chief justice Sir Thomas Eichelbaum said Ellis had failed "by a distinct margin" to prove his innocence.

Mr Goff has said of the petition that he could order a new inquiry only if there was new evidence, but the petition organisers hope that the public standing of those who have signed will change his mind.

Signatories include former prime ministers David Lange and Mike Moore, MPs from all parties in Parliament, many former MPs, prominent lawyers such as QCs George Barton and John Rowan, former Auckland police chief Bryan Rowe, historian Michael King, businessman Sir Robert Jones, and former chief of naval staff Edward Thorne.

Speaking to the ceremony yesterday, Lynley Hood said the justice system had failed catastrophically in the Civic case.

"You don't need the permission of the judicial system for a royal commission, all you need is moral courage," she said.

Millionaire newspaper publisher Barry Colman last night put up a $100,000 reward for new evidence in the case. He said the case was at an impasse and his reward was designed to bring out somebody prepared to "tell the truth".

Somebody "within the system" knew the evidence given to the jury in the case was highly selective and slanted, he said.