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The
Dominion Post
August 18, 2003
Feeling comfortable?
Letter to the Editor
by Boudewyn Couprie (Kingston)
I take issue with
your editorial (August 5) in which you stated that the conviction of Peter
Ellis must stand. Yes, the justice system has repeatedly stated its position,
that Ellis is guilty, as it did with David Dougherty and twice with Arthur
Allan Thomas.
You said there was no new evidence that Ellis is innocent. I argue that there
was no new evidence in the Dougherty case but that existing evidence was
re-examined in a new light after advances in DNA.
The process used to obtain information from the children in the civic creche
case has been shown in overseas studies to be flawed, as was initial
processing of DNA evidence in the Dougherty case.
You also say that "without the benefit of a judge offering legal
direction and instruction, on whose evidence a jury might feel it can rely,
there is a risk that this process will undermine the justice system itself.
If one applies that to this case, the judge clearly felt the children's
evidence could not be relied on. Why not present all the children's
statements for the jury's consideration? A witness is credible or not
credible. Perhaps it was the "incredible" nature of these
statements that caused their omission.
Read the website of the transcripts. Compare the evidence heard in court to
that withheld and ask, if it was you in the dock, would you feel as
comfortable with the outcome?
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