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Stuff
September 18 2003
MPs look at Peter Ellis petition
NZPA
A parliamentary committee has cautiously begun
examining a petition calling for a royal commission of inquiry into Peter
Ellis' conviction in the Christchurch civic creche child abuse case.
Author Lynley Hood's book, A City Possessed, triggered the petition, signed
by more than 800 people, including 140 prominent New Zealanders in politics,
the judiciary, media and the arts.
At least one MP from each political party signed it.
The justice select committee today said it was considering the petition, but
warned that it would not look into Peter Ellis' guilt or evidence.
"We will not rehear the case," the committee said in a press
release.
The committee did not have a judicial role.
"We consider that the key issue for us to determine is whether or not
the Christchurch
civic creche case raises concerns of sufficient significance to justify a
royal commission," the committee said.
The committee said to establish the merits of a royal commission into the
case, members would us the follow terms of reference:
* Whether there is a need for any changes to police and other investigative
procedures, the law or to criminal justice processes that could justify
setting up a royal commission; and
* Whether any such need has been adequately addressed by the previous
investigations, or could be adequately served now by normal governmental
processes or advisers.
Chairman Tim Barnett said the committee was taking a "series of deep
breaths" as it entered into the controversial realm of the Ellis case.
The committee had received initial submissions from the chief petitioners and
the justice ministry. These had now been sent to the Ellis camp for comment.
After receiving the counter-submissions, the committee would probably hold
public hearings with the two parties in three to four weeks time.
Mr Barnett said the committee would then decide stage by stage on how to
proceed.
Some on the committee had been opposed to fellow member ACT MP Stephen Franks
taking part in the hearings on the petition as he was a signatory.
Mr Barnett said there was no procedural grounds for the committee to force a
member to stand down.
Mr Franks said he had decided to carry on saying all MPs would bring
opinions, views and possibly political party instructions to the committee.
"Some may have views on whether Mr Ellis offended against children at
the Christchurch
creche," Mr Franks said in a letter to one organisation that objected to
him taking part.
"Some may be open-minded on that, yet still feel from what has emerged
so far, that it is doubtful the charges were proved beyond reasonable doubt.
"That is probably closest to my position but it is not strongly held and
I am willing to be persuaded by the evidence."
After the committee finally reports to Government, it has 90 days to respond
to the committee. Ministers are not bound by any of the committee's report.
Ellis was jailed for 10 years in 1993 and spent 6½ years behind bars before
being freed in 2000. He has always maintained his innocence.
Justice Minister Phil Goff has said the case had been thoroughly examined
with a trial, two Court of Appeal hearings, and a ministerial inquiry headed
by former chief justice Sir Thomas Eichelbaum.
Mr Goff said there would need to be new evidence for the courts to again look
at the matter
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