The Daily News
December 11, 2003
Ellis case 'poisoned by toxic delusion'
by Leah Haines
MPS began hearing arguments yesterday from high-profile New Zealanders
calling for a Royal Commission of Inquiry into the Peter Ellis case.
Parliament's Justice and Electoral Select committee is weighing the need for
an inquiry, called for in petitions signed by more than 5000 people and
brought by National Party leader Don Brash and author Lynley Hood.
Ellis was convicted in 1993 of 16 charges of sexually abusing pre-schoolers
at the Christchurch Civic Creche. He has always maintained his innocence but
has failed to convince successive reviewers of his case.
Asked by committee chairman Tim Barnett how it was possible that the original
jury, courts of appeal and high court judges had got it so wrong, Ms Hood
said that was typical of the "top to bottom" failures in gross
miscarriages of justice.
"This is a case about a society poisoned by the toxic delusion that all
men, even the most decent of men, even Santa Claus, for goodness sake, is at
heart a dangerous sexual predator who can't be trusted around children,"
she said.
Child memory expert, Victoria
University lecturer
Marryanne Garry said the interviewing techniques used on the child
complainants were fundamentally flawed, even at the time they were used.
She said everyone was susceptible to memory distortion, but children were
especially vulnerable.
Asked whether there were different theories about the reliability of child
evidence, Dr Garry said the vulnerability of a child's memory was not a
matter of opinion, but of fact.
"It's like saying I don't believe in gravity."
Legal counsel for the Justice Ministry, Val Sim, said there were definite
differences of opinion about that area of science.
The children's evidence had been tested by Sir Thomas Eichelbaum in a
ministerial inquiry into the case three years ago, she said.
Ms Sim was accused by Ms Hood of toeing the Government line, but Ms Sim said
the only interest of the ministry was in upholding justice.
She said the key issue facing the committee was that no new information had
been introduced about the case which had not been dealt with in the other
trials, appeals and reviews.
Ms Hood claimed new information existed in proof that people who interviewed
the children in the 1990s were supposed to have been given special approval
under the evidence act. They weren't, she said.
The committee has already announced it would not re-try Ellis or attempt to
figure out whether he is guilty or innocent.
Mr Barnett said it would probably seek further information before deciding
whether to conduct hearings and make a recommendation about an inquiry --
probably next year.
At least two former child complainants have expressed interest in speaking to
a hearing if one is held.
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