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The
Press
February 7, 2004
MP questions removal of sentence from Ellis inquiry report
by Anna Claridge
The removal of a single sentence in a Ministry of
Justice report into the Peter Ellis case has been questioned by an MP.
The ministry has been accused of having a "vested interest" in the
Ellis case, after a ruling by the Ombudsman overturned a departmental
decision to keep the sentence from the public eye.
Documents released by Ellis campaigner and National MP Katherine Rich show
the ministry withheld the sentence from a report which she had requested
under the Official Information Act.
Mrs Rich had requested a copy of a 2001 ministry report, prepared for Justice
Minister Phil Goff, which looked at holding a commission of inquiry into the
Ellis case.
When she received her copy one sentence had been blacked out.
Mrs Rich appealed that decision to the Ombudsman, who ruled against the
department and allowed the sentence to be released publicly. The sentence in
question states: "It has to be acknowledged, however, that such an
inquiry is unlikely to be able to arrive at the truth and, whatever its
findings, may fail to satisfy current public doubts."
Mrs Rich said the sentence was "innocuous" and blacking it out was
"the height of silliness".
She now had concerns over the ministry's position on the Peter Ellis case.
"They seem hell-bent on not having an inquiry. They are doing all they
can to stop it. (That sentence) was relatively innocuous so what are they so
worried about?
In explanation to the Ombudsman, the ministry said it withheld the
information "due to concerns that because of the particularly free and
frank nature of the sentence it might be misconstrued".
"The sentence in question was intended to convey in a very clear manner
the limitations that arise from the nature of the case (ie the considerable
period of time that had passed since the events at the creche took place) and
the polarised views of the people involved.
"However, given its particularly free and frank nature this bald
statement of fact might be interpreted as suggesting that such limitations
arise from inquiries of this nature rather than from the specific
circumstances of the Ellis case."
The Ombudsman ruled that disclosing the sentence would not "prejudice
the future provision of free and frank opinions by officials".
Mrs Rich and National party leader Don Brash have instigated two petitions
with more than 3000 high-profile signatures calling for a Royal Commission of
Inquiry into the Ellis case.
Ellis, a Christchurch
civic creche child care worker, was convicted of child abuse and sentenced to
10 years jail in 1993. After almost seven years he was freed, in 2000, having
always maintained his innocence.
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