|
The
Press
August 22, 2003
Ellis undecided on appeal
NZPA
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, admitted 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."
If Ellis did not file a petition shortly, "a strong possibility"
existed he could miss out, as the right of appeal to the Privy Council could
be scrapped as early as Christmas, she said.
Ellis was convicted of child abuse at the Christchurch Civic Creche and
sentenced to 10 years' jail in 1993.
He spent almost seven years in prison, and was freed in 2000.
Ellis has had a jury trial and two Court of Appeal hearings, but now has
political backing for a Commission of Inquiry into the case.
A petition asking for a Royal Commission is scheduled to go before the
justice and electoral select committee shortly.
Ms Ablett Kerr admitted 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."
|
