Waikato Times
August 4 2003

Ellis case stays in public eye
Editorial

It is one thing to believe a miscarriage of justice has taken place and say so publicly. It is another to spend tens of thousands of dollars to keep the case in the public eye in the hope it will result in a Royal Commission of Inquiry, says the Waikato Times in an editorial.

Publisher Barry Colman has long been convinced of Peter Ellis' innocence. Earlier this year, he posted a $100,000 reward for new information on the Christchurch Civic Creche case which saw Ellis convicted on 16 counts of sexual abuse and jailed for seven years.

He has now spent $20,000 for two full-page advertisements in a Sunday newspaper to publish transcripts of children's testimony, some of which were not shown to the jury.

The transcripts demonstrate the fertile imaginations of children. Parts of the testimonies are clearly fantasy; other parts are confused and contradictory. They do nothing to dispel disquiet over the interviewing techniques used on children at the creche at the time Ellis was employed there more than 10 years ago.

Mr Colman's decision to publish the testimonies is part of a renewed effort this year to get the case reopened. It follows a petition signed by more than 800 high-profile New Zealanders calling for a royal commission. That goes before a parliamentary select committee later this month.

This week Mr Colman will put more interview transcripts on a website so the public "can make up its own mind".

Many already have, and they believe Ellis was wrongly convicted. It is not a view shared by Justice Minister Phil Goff who has the authority to grant a royal commission. He has sought advice over the transcripts and been assured they were made available to defence lawyers during the original trial. Therefore they do not constitute the fresh evidence Mr Goff says he needs to convince him of the need for an inquiry.

Technically, he may be right. However, the testimonies do add to the weight of public concern that the legal system has failed Ellis. That concern was heightened by a ministerial inquiry conducted by former Chief Justice Sir Thomas Eichelbaum in which the terms of reference were widely criticised for being too restrictive. It shows no sign of abating.

AGAINST this background, it is important to remember the children involved in the Civic Creche case.

They are now young adults who must have the chance to get on with their lives without constant reminders of what may or may not have happened to them at pre-school. A royal commission would determine once and for all where the truth lies and allow everyone concerned to move on without shadows of distrust.

There are also many concerned New Zealanders with no vested interest in the case save a nagging concern that the justice system failed an innocent man. Mr Goff must act to lay those fears to rest.