|
The Dominion Post
December 11, 2003
MPs hear Ellis case arguments
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 brought by
National leader Don Brash and author Lynley Hood.
Ellis was convicted in 1993 of 16 charges of sexually abusing children 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 about 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."
Child memory expert Maryanne Garry said the interviewing techniques used on
the child complainants were fundamentally flawed.
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."
However, 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.
But Ms Hood claims 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 were not, she said.
The committee has 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.
|
