The Herald
July 4 2003
Letter to the Editor
by Ian Hassall, Epsom
Much of
the concern in the Ellis case appears to hinge on two points - the screening
out of some children's testimony and the credibility of children's evidence in
general.
On the matter of screening, if children's evidence is either irrelevant or
lacking in credibility it seems quite proper that it should not be put forward
by the prosecution. This was what happened, according to her own account, in
the case of one of the children, now a young woman, who has added her name to
the list of petitioners. Her evidence indicated she had not been abused, so it was
not included in the trial.
With regard to the reliability of children's evidence in general, it is
possible to arrive at an approximation of the truth based on adult and child
testimony and the processes that we have painstakingly accumulated over the
centuries for testing it. Our system of justice is not perfect and never will
be but it is the best method we have of getting at the truth.
There is a risk to children in the present debate of the clock being turned
back to a time when they were disbelieved simply because they were children and
effectively excluded from a justice system that failed to accommodate
them. Abusers should not be allowed to feel safe in their activities
and the children should not be denied the opportunity to escape.