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September 19, 2003 Reports
One News
September 19, 2003
Franks to stay on Ellis inquiry
Act MP
Stephen Franks is defiant in the face of calls for him to step down from a
Parliamentary inquiry into the Christchurch Civic Creche case.
Parliament's justice and electoral committee will hold an initial
investigation into the handling of the case, after considering a petition
calling for a Royal Commission of Inquiry.
Peter Ellis, a former worker at the childcare centre, was found guilty of
offences against seven children in 1993.
The petition was launched after the latest legal bid to clear his name was
rejected by the Court of Appeal.
Despite being a committee member, Stephen Franks signed the petition which
has prompted calls for him to step aside to avoid any conflict of interest.
The government has received a letter from a cluster of child welfare
organisations including UNICEF, Barnados and Save the Children, protesting
against Franks remaining on the committee.
They claim that by signing the petition he has prejudiced his position.
But the committee's chairman, Labour MP Tim Barnett, says that doesn't
exclude Franks.
Franks says he doesn't believe his presence constitutes a conflict of
interest and says his committee colleagues haven't asked him to stand down,
but he admits there was a discussion.
The select committee will look into how the case was handled, concentrating
on the investigative techniques employed and the criminal justice process.
The committee says it will not, however, rehear the case or inquire into the
guilt or innocence of Peter Ellis.
At this stage it says it will only hear from the principal petitioners and
the Ministry of Justice.
National MP Don Brash, who spearheaded the petition along with author Lynley
Hood, agrees with the approach.
However Peter Ellis' lawyer is voicing concerns about the fairness of the
inquiry.
Judith Ablett-Kerr says the justice and electoral committee committee should
talk to her client and says she has written to Tim Barnett, asking for a
rethink.
Ablett-Kerr says Peter Ellis would make a significant contribution to the
select committee inquiry.
Gaye Davidson was Ellis' supervisor at the creche - she was arrested with
three other female staff members, but they were all discharged ahead of
Ellis' trial.
She says she is thrilled with the latest decision but hopes the inquiry will
hear from a broader range of people before drawing any final conclusions.
Tim Barnett says he would expect to hear the first submissions within the
next month or so, and the committee will decide how to proceed after that.
Newsgroups: nz.general
September 19, 2003
Peter ELLIS : Justice and Electoral Committee Sept 17
Denver Fletcher
Media release,
Justice and Electoral Committee, Sept 17
Petition of Lynley Jane Hood and Dr Don Brash and 807 others
We also discussed the participation in the Select Committee process of
Members of Parliament who are signatories to the petition. There are no
procedural grounds upon which the committee can require any members to
disqualify themselves. Individual members must decide for themselves whether
their participation might affect the committee's work.
This is very odd. After all, what
are the alternatives?
That the committee consist solely of members whose participation would have
no affect at all? That hardly seems rational, let alone reasonable.
That the committee consist solely of those members who did not feel that it
was necessary or desirable in the first place? That seems certain to
predispose it to a particular conclusion, doesn't it?
Yet apparently that does not at all concern the committee, while the presence
of people who think the committee should consider this petition while it does
exactly that, is worthy of being "discussed" in the context of
disqualifying themselves.
Let's be perfectly candid: the adherents to the status quo are here accusing
any and all who differ from their orthodoxy of being dishonest for doing so,
while proclaiming their own pristine purity of character even as the very act
of their speaking thus tells us plainly otherwise.
These people disgust me.
Newstalk ZB
September 19, 2003
Author says positive step taken in Ellis case
Lynley Hood, pro-Ellis author, says parliamentary select committee's decision
to look at civic Creche case positive
The author of a book on convicted child molester Peter Ellis, says a
parliamentary select committee's decision to probe the Christchurch Civic
Creche case is a positive step.
The Justice Select committee will investigate whether a Royal Commission of
Inquiry is needed.
Pro-Peter Ellis campaigners Lynley Hood, who wrote the book "A City
Possessed" alleging a miscarriage of justice, and National MP Don Brash
had presented a petition to the Committee.
Committee chairman Tim Barnett says it will not be an inquiry into guilt or
innocence.
Ms Hood says the move is a step in the right direction, because there is a
lot of concern that the justice system has failed, and has also failed to
correct itself.
She believes that has implications for all New Zealanders.
Ellis was convicted of abusing children at the creche in 1993.
The Herald
September 19, 2003
Ellis petition brings probe
by Ruth Berry, political reporter
A select committee will investigate a petition calling for a royal commission
of inquiry to held into the Peter Ellis Christchurch civic creche case.
Parliament's justice and electoral committee chairman, Tim Barnett, yesterday
announced terms for a limited inquiry, after being presented with an
807-signature petition.
The petition's signatories included 140 prominent New Zealanders in politics,
the judiciary, media and the arts.
The petition, presented to Parliament in June, failed to sway Justice
Minister Phil Goff at the time.
He had earlier dismissed the call for a royal commission into the conviction
of the former creche worker on child-abuse charges.
The petition, presented by National MPs Don Brash and Katherine Rich, came
hot on the heels of the publication of Dunedin
writer Lynley Hood's award-winning book A City Possessed, which claimed Ellis
was innocent.
"Judicial decisions are made by people with the skill and experience to
do so," Mr Goff said at the time. "They are not made by
politicians, they are not made by authors, nor are they made by notable
people."
Ellis was sentenced to 10 years' jail in 1993 and was freed in 2000.
He has always maintained his innocence.
Mr Barnett said yesterday that the committee would not inquire into Ellis'
guilt or innocence, but would determine whether there were sufficient
concerns to justify a royal commission inquiry.
"We will initially hear from the chief petitioners and the Ministry of
Justice and will seek comments from both parties on each other's submissions.
"We will not rehear the case."
Dr Brash said he was pleased with the committee's decision, which he said
might give Mr Goff an excuse to "dig himself out of the corner he's dug
himself into".
Asked whether Mr Goff would change his mind if the committee recommended a
commission of inquiry be held, Mr Barnett said he was convinced that if the
committee came up with a strong recommendation it would be "treated very
seriously indeed".
Mr 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.
The minister said there would need to be new evidence for the courts to look
at the Ellis case again.
- NZPA
The Press
September 19, 2003
MP 'cannot be disqualified'
by Tracy Watkins
An MP who signed a petition for a Commission of Inquiry into the Peter Ellis
case is refusing to step down from the parliamentary inquiry.
Parliament's justice committee said yesterday it would hear evidence from the
Ministry of Justice and the petititioners before deciding whether to hear
further evidence, including from the children who say they were abused by
Peter Ellis at the Christchurch
civic creche.
Committee chairman Tim Barnett said yesterday it had no procedural grounds
for disqualifying MPs, after criticism of ACT MP Stephen Franks joining other
prominent New Zealanders including National MPs Don Brash and Katherine Rich
in signing the petition. Mr Franks is on the 11 member committee which will
decide whether to recommend a Commission of Inquiry into Mr Ellis'
convictions.
Mr Barnett said MPs would have to make up their own mind about whether their
participation might affect the committee's work.
Women's Refuge, Unicef, the Child Abuse Prevention Society, and Barnardos are
groups concerned about Mr Franks' involvement.
But in a letter to the groups opposing his membership, Mr Franks said a
committee comprising "only impartial" MPs was neither desirable or
possible.
"My starting position has been disclosed. I came to Parliament to press
and vote for good law. In this area I know there is widespread concern among
practising criminal lawyers.
"The balance between properly testing evidence to avoid wrongful
conviction and concern for witnesses may have swung too far in one
direction."
Mr Barnett said the committee did not intend inquiring into Peter Ellis'
guilt or innocence. "Our function is not judicial. 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 Dominion Post
September 19, 2003
English backs away from Brash's petition for Ellis
by Linley Boniface
National Party leader Bill English has written to the mother of a
Christchurch Civic Creche case victim to distance himself from the actions of
two of his MPs.
MPs Don Brash and Katherine Rich compiled a petition calling for a
royal commission of inquiry into the 1993 conviction of creche worker Peter
Ellis on 16 counts of child abuse.
The petition, which has been presented to Parliament's justice and
electoral select committee, was signed by 140 prominent New Zealanders,
including 26 MPs.
In June, a boy Mr Ellis was convicted of abusing wrote to Mr English
to complain that the National Party appeared to be supporting a convicted
paedophile. Tom -- his real name cannot be used for legal reasons -- said
high-profile people such as Dr Brash and Ms Rich should "think about
what their comments do to myself and other children before they open their
mouths publicly. I do not appreciate being called a liar and having no way to
respond".
Mr English has now replied to Tom's mother, who wrote to him at the
same time as her son.
"These MPs are acting in a personal capacity. In no way do they
represent a National Party position," Mr English wrote. "In the
view of the party, Mr Ellis is no different to any other convicted
criminal."
He understood the family would be disturbed by continued publicity
about the case and would pass a copy of her letter to Dr Brash and Ms Rich,
he said.
Dr Brash, who is National's third- highest-ranking MP, also wrote to
the mother. He said he and Ms Rich had been careful not to make the matter a
party political issue, and were motivated by concern that there had been a
miscarriage of justice. He said they had not implied anyone was a liar, but
had "raised the possibility that complaints may have been
mistaken".
The mother said she was pleased Mr English had shown some empathy with
the families, but Dr Brash's comments appeared to suggest he had no faith in
the judicial system.
The Dominion Post
September 19, 2003
Petition MP defends Ellis inquiry role
by Tracy Watkins
An MP who
signed a petition for a Commission of Inquiry into the Peter Ellis case is
refusing to step down from the parliamentary inquiry.
Parliament's justice committee said yesterday it would hear evidence
from the Justice Ministry and petitioners before deciding whether to hear
further evidence, which would include children who say they were abused by Mr
Ellis at the Christchurch Civic Creche.
Committee chairman Tim Barnett said yesterday it had no procedural
grounds for disqualifying MPs, after criticism of ACT NZ MP Stephen Franks
joining other prominent New Zealanders in signing the petition.
Mr Franks is part of the 11-member committee that will decide whether
to recommend a Commission of Inquiry into Mr Ellis' conviction. Mr Barnett
said MPs would have to make up their own minds about whether their
participation might affect the committee's work.
Women's Refuge, Unicef, the Child Abuse Prevention Society and
Barnardos are among groups to have voiced concern about Mr Franks'
involvement.
But in a letter to the groups opposing his membership, Mr Franks said
a committee comprising "only impartial" MPs was neither desirable
nor possible.
"My starting position has been disclosed. I came to Parliament to
press and vote for good law. In this area I know there is widespread concern
among practising criminal lawyers. The balance between properly testing
evidence to avoid wrongful conviction and concern for witnesses may have
swung too far in one direction."
Mr Barnett said the committee did not intend inquiring into Mr Ellis'
guilt or innocence.
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