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The Christchurch Civic Creche Case |
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Parliament's Justice and Electoral Committee has recommended wide-ranging action by the Government, the Attorney-General, the Legal Services Agency and its successor Select Committee in the 2005-8 Parliament, in responding to a petition requesting a Royal Commission into aspects of the Christchurch Civic Creche case. The Select Committee included members from ACT, the Greens, Labour, National, New Zealand First and United Future. In rejecting the proposal for an inquiry the Committee stated that its 7 specific recommendations "are likely to do much more to improve standards of justice in our nation" than a further Inquiry. The Committee recommended that: · The Attorney-General does not oppose or opposes only in principle a new proposed application by Mr Ellis for leave to appeal to the Privy Council, and that the Legal Services Agency provides legal aid for that process; · The system for handling alleged miscarriages of justice (Royal Prerogative of Mercy) be reformed through the establishment of a much more independent Criminal Cases Review Authority; · Throwing a range of charges together risks biasing juries, and the Crimes Act should be amended to build in checks; · Noting that the new 2005-8 Justice and Electoral Committee will be dealing with both the Evidence Bill and the Legal Services Amendment Bill, the Committee should consider amendments to both bills, the former relating to childrens' evidence, the latter to adequate choice of trial counsel; also that the Committee examine the impact of the law change in 1990 on aspects of childrens' evidence; and · Regulations directing the process of taking evidential videos from children should be produced; The full text of the
recommendations is attached; a full version of the Report is available on "Our Committee did not come to a view of whether or not Mr Ellis
was innocent because that was not our job or role. But we did find that a
Royal Commission of Inquiry was not the most effective way to address the
real issues which emerge from this case. We make punchy recommendations to
Government, including the Attorney-General; the Legal Services Agency; and
the Members of Parliament on the 2005-8 Justice and Electoral Committee. All
have a job to do if the system is to learn from what happened, and if this
case is finally to be put to rest". Tim Barnett is available on 0274 570 809 |
