The Christchurch Civic Creche Case


News Reports - Main Index


2005 Index 3 (Aug 1-9)

 




Otago Daily Times
August 9 2005

Lawyer and supporters disappointed
by John Gibb

 

Peter Ellis’ lawyer, Judith Ablett-Kerr QC, of Dunedin, said it was a "real disappointment” that the committee had not recommended a royal commission.

However, there were positive aspects to the committee’s other recommendations, including that the attorney-general not oppose a proposed application for leave to appeal to the Privy Council, and that the Legal Services Agency provide legal aid.

Legal aid was granted only "very rarely indeed" for Privy Council appeals, Mrs Ablett-Kerr said.

This recommendation signalled this was a case of “very significant importance”, which the Government saw as being worthy of consideration, she said. She hoped the Attorney-general, Dr Michael Cullen, would act quickly on the recommendations to allow an appeal to be sought as soon as possible.

A recommendation that a body similar to the United Kingdom’s Criminal Cases Review Authority be established to consider alleged miscarriages of justice was "very constructive". Also positive was a suggested amendment of the Crimes Act to counter potential bias arising from grouping together a range of charges against a defendant, she said.

The overall outcome was “extremely disappointing”, Dunedin MP Katherine Rich and Dunedin author Dr Lynley Hood said in separate interviews.

In 2003, Ms Rich, a National list MP, and National leader Don Brash started a petition calling for a royal commission of inquiry into the Peter Ellis case.

Dr Hood wrote A City Possessed, an award-winning book documenting the controversy surrounding Mr Ellis, a convicted sex offender.

The committee’s overall report, including suggested reforms, showed the committee had “grave misgivings” about the Christchurch Civic Creche case, involving Mr Ellis, she said.

The committee had shown a lack of “moral courage” by not supporting a royal commission, but pressure for a full inquiry would continue to grow in future, Dr Hood said.

Mr Ellis has always maintained his innocence.