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Otago
Daily Times
August 22, 2003
Prospect of commission of inquiry causes hesitation
Ellis undecided on Privy Council
NZPA
Wellington: Convicted child molester Peter Ellis' lawyer says Ellis has still
not decided whether he will appeal to the Privy Council.
Dunedin lawyer
Judith Ablett Kerr, QC, said last night the prospect of a Royal Commission
into the case had caused Ellis to hesitate.
"This Privy Council application is something that has always been
floating in the background," she said on Face to Face with Kim Hill .
"Peter has always thought of this as a New Zealand problem that should
be resolved in New Zealand,
and he's always been confident this would happen. But I have to say that
confidence has waned over time."
She said if Ellis did not file a petition shortly, there was "a strong
possibility" he could miss out, as the right of appeal to the Privy
Council could be scrapped as early as Christmas.
A petition asking for a commission of inquiry into the case is due to go
before the justice and electoral select committee shortly.
Ms Ablett Kerr said it was possible the groundswell of public support for
Ellis could actually deter Justice Minister Phil Goff from giving the
petition a sympathetic hearing, lest he be seen to be giving in to pressure.
While she said Ellis was grateful for the support in his fight to "clear
his name", she said she found some aspects "disturbing".
"I can only follow the course that a lawyer can follow . . . We have to
be careful that we don't say that the whole system is failing just because
it's got it wrong in this case. Juries can only do their best with the
information that's provided to them."
When asked whether she was continuing to fight because she believed Ellis was
innocent or just because she felt the system had failed, she said her case
would be based on the allegation the system had failed.
"Lawyers do not normally comment on whether they think their clients are
guilty or innocent - it's not for you to judge.
"But, obviously, if you're taking the process beyond the Court of
Appeal, that would indicate some degree of confidence that what you're doing
is right."
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