The Christchurch Civic Creche Case


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2005 Index 3 (Aug 1-9)

 




The Dominion Post
August 9 2005

'Political pawn' fear as Ellis call rejected
by Haydon Dewes

Peter Ellis suspects he has become a "political pawn" after a long-awaited parliamentary committee report rejected a call for a powerful commission of inquiry into his case.

The report, in response to two petitions including one brought by author Lynley Hood and National leader Don Brash calling for a top-level look at the case, instead makes seven recommendations that the committee believes "are likely to do much more to improve the standards of justice in our nation" than a further inquiry.

Mr Ellis was convicted in 1993 of sexually molesting children at the Christchurch Civic Creche where he worked. One of the seven he was found guilty of abusing later retracted the allegations and three of Mr Ellis' convictions have since been quashed. He has always maintained his innocence.

Parliament's justice and electoral select committee has been considering calls for a fresh inquiry for two years.

The 56-page report, issued by committee chairman Labour MP Tim Barnett yesterday, says it is unlikely that a commission of inquiry could reach a better view of the facts than was achieved at the time.

It also raises concerns about the effect such an inquiry would have on child complainants and their families.

It recommends changes to the Crimes Act to remove the dangers of lumping a range of charges together, overhauling the system that handles alleged miscarriages of justice, introducing regulations around the taking of evidential videos from children, and that the next justice and electoral select committee consider amendments to two laws regarding children's evidence in sexual abuse cases and the appointment of lawyers to accused.

It also suggests that Mr Ellis be given leave to appeal to the Privy Council, an avenue previously regarded as virtually impossible because of the length of time since his second appeal and a 2003 law change preventing new applications.

Mr Ellis said yesterday that he was pleased about this and would discuss his next steps with his lawyer, Judith Ablett-Kerr, QC.

He was also happy with the proposed changes, but could not hide his disappointment that the commission of inquiry was ruled out. "Don't forget that one of the people that signed the petition was David Lange. He's a well-respected person. Mike Moore signed it. We're not talking about nobodies that have been concerned about the civic creche," he said.

The delay in reporting had been frustrating, and he couldn't help but wonder whether he had been used "as a political pawn".

"If there wasn't an election coming up would they have hung on to it for another year? The Labour Government is certainly not going to come out of it looking like a bad egg," he said.

Mr Barnett denied that last night, saying part of the delay was due to Mr Ellis' tardy responses to questions from the committee. He said the report was "a moving feast" that covered several complex and important issues and could not be rushed.

Dr Brash said he was disappointed a fresh inquiry would not be launched, and promised one would happen under a National-led government.

He could not guarantee that it would be a commission of inquiry, but said any inquiry had to have sufficient powers "to get to bottom of the issue once and for all".

Ms Hood did not accept that the solutions offered eclipsed the need for a commission of inquiry.

"The same people who were involved in the investigation and prosecution of the creche case are still investigating and prosecuting sex cases now and making the same mistakes.

"Until it's brought home to them that they stuffed up, they are going to keep on making the same mistakes. The past has to be faced up to if we are going to learn from it," she said