The Christchurch Civic Creche Case


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2005 Index 3 (Aug 1-9)

 




Otago Daily Times
August 9 2005

Committee supports Ellis appeal to Privy Council
Request for royal commission of inquiry dismissed
NZPA

Christchurch: A parliamentary inquiry into the Christchurch Civic Creche case has recommended the way be cleared for Peter Ellis to appeal to the Privy Council and for the taxpayer to pay for it.

Parliament’s justice and electoral select committee yesterday released its long-awaited report into a petition by Ellis supporters, including National Party leader Don Brash, demanding an inquiry into the case.

The committee rejected a request for a royal commission, but recommended the Attorney General not oppose a new application by Mr Ellis for leave to appeal to the Privy Council, and recommended the Legal Services Agency provide legal aid for the bid.

The committee also recommended:

The next justice and electoral committee investigate amendments to legislation governing children’s statements, trial counsel, and the role of experts in considering children’s evidence.

A Criminal Cases Review Authority be established to deal with people alleging a miscarriage of justice.

Law changes to ensure those accused by multiple complainants are not prejudiced by the totality of the charges.

Mr Ellis said yesterday he was disappointed but not surprised the committee had denied his request for a royal commission of inquiry.

"The recommendations are good in a sense that they at least admit there were some problems in the way they [the court system] look at kids’ testimony," he said.

Mr Ellis was convicted in 1993 on 16 sexual abuse charges based on the testimony of seven children who attended Christchurch’s Civic Creche.

One of the children later withdrew her complaint during an appeal against the High Court convictions.

Mr Ellis said he was considering an appeal to the Privy Council.

It was important to weigh up the options: whether to appeal to the Privy Council, or wait and see whether a National government would grant a royal commission of inquiry.

Dunedin author Lynley Hood, who wrote A City Possessed: The Christchurch Civic Creche Case, and supports Mr Ellis, said the case had a strong public following and successive governments had failed to deal with it. Sooner or later, a full independent inquiry would be needed.

Mr Ellis said the release of the report two days before Parliament’s closure meant its findings could be ignored by a new government.

Justice and electoral select committee chairman Tim Barnett said the committee’s findings went further than a royal commission.