Sunday Star Times
August 3 2003
Ellis case transcripts go public
by Deidre Mussen
An Auckland
businessman who offered a $100,000 reward for new evidence into convicted child
sex abuser Peter Ellis' case has today revealed some of the children's withheld
testimonies.
Millionaire National Business Review publisher Barry Colman has spent $20,500
on two full-page advertisements in today's Sunday Star-Times - despite efforts
by Child, Youth and Family to stop publication - featuring excerpts of some
children's taped testimonies never shown during Ellis' 1992 trial.
Justice Neil Williamson ruled some tapes could not be shown to the jury,
preventing Ellis' defence lawyer from using them. The issue was later raised in
a 1994 Court of Appeal case but was judged insufficient grounds to overturn his
conviction. It was believed court-held copies of the tapes disappeared before
the next Court of Appeal proceedings in 1998.
"I believe no jury would have ever convicted Ellis if they had been able
to see the (withheld video) tapes," Colman said.
Ellis, a former Christchurch Civic Creche worker, spent seven years of a
10-year sentence in jail after being found guilty in 1993 of abusing seven
creche children. He was freed in 2000 and has claimed he was innocent.
Colman, a director of Amnesty International's Freedom Foundation, said he had a
great interest in civil liberties.
"It's not the same as a political prisoner being locked up but I believe
Peter Ellis was a victim of a hysterical witch-hunt."
His actions were aimed at pressuring Justice Minister Phil Goff into a royal commission
of inquiry into an alleged miscarriage of justice.
Ellis' high court trial and two appeals were followed by a
a ministerial inquiry by former chief justice Sir
Thomas Eichelbaum.
Controversy was fanned in 2001 by author Lynley Hood's book A City Possessed,
based on her seven-year investigation into Ellis' case.
The book attracted Colman's attention to the case.
"I thought the outcome of the case was quite astonishing and considering
what the book exposed, I thought there would be an inquiry and that he would
receive a pardon."
But that didn't happen so Colman joined a group of high-profile New Zealanders
in signing a petition calling for a royal commission of inquiry.
When nothing resulted, Colman decided in June to offer the hefty reward for new
evidence, despite never meeting or talking to Ellis.
During the month-long appeal, 12 people came forward with information but none
was sufficient to qualify as new evidence. Finally, another person gave him the
withheld transcripts. Colman said no one wanted the reward.
Ellis' former lawyer Rob Harrison told the Sunday Star-Times he remained
convinced the jury would not have convicted Ellis had it heard all the
children's transcripts.
Goff has steadfastly refused an inquiry unless new evidence is uncovered.
Ellis' lawyer, Dunedin QC Judith Ablett Kerr, said in
a statement last week she had no involvement with Colman's proposals.
She said she would attempt to advance Ellis' case through "the appropriate
channel of the Privy Council".
Ablett Kerr declined to give further details.
In May last year, she was quoted saying Ellis was poised to take his case to
the Privy Council before New Zealand cut ties with the London-based court.
At the time, Ablett Kerr said the council would be
asked to review all parts of the case, including legal rulings made during the
trial.
That would include rulings preventing all the transcripts from being heard in
the high court trial.