The Listener
Volume 189 No 3297
July 19-July 25 2003
Published July 12 2003

Reasonable Doubts
Letter to the Editor
by Jonathon Harper (Wellington)


Justice Minister Phil Goff does not seem to appreciate that previous convictions in New Zealand have been overturned on appeal in New Zealand without the appearance of any new evidence (Editorial, July 12). In the Arthur Allan Thomas case, scientist Jim Sprott's new analysis of the empty cartridge proved that it could not have been fired from Thomas's rifle, as was alleged by the police and prosecution. There were no new cartridges discovered at that point.

More recently, and perhaps more convincing, is the David Dougherty (rape) case, where innocence was again proved without new evidence. The appeal simply showed that the DNA analysis was incorrect. End of story (well. almost; the real perpetrator is now in prison, thanks to newer and better tests).

At last Goff appears to have changed some of what he says about the Eichelbaum Report's analysis of the Christchurch Civic Creche child sexual abuse convictions of Peter Ellis. In a letter, he recently admitted that one of the two psychologists (Graham Davies from England) who contributed to the report did not actually say he thought Ellis was guilty from his analysis of the evidence.

We have not had a reputable official and public scientific analysis of the evidence in the Ellis case. I have spent hundreds of hours (I am a Master's graduate in psychology) talking to our experts, and reading the latest relevant research in all our major university libraries. My work leads me to agree with Lynley Hood’s call for a royal commission of inquiry into the case. My understanding of what the experts will probably have to say is that the guilty verdicts will be speedily overturned. Even current practice in interviewing children in these cases may need a major overhaul.

I expect that expert opinion would also support the assertion that there was no credible evidence at all in this case, and no crime was actually committed. In that respect, it differs from the Thomas and Dougherty cases.

The chief legal adviser for the Justice Department has agreed to read my 120 page critique of the Eichelbaum Report. (Copies are available via [email protected])