The Christchurch Civic Creche Case


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The Press
August 20 2005

Justice dealt Ellis a grave disservice
by Martin van Beynen

"I've often wondered how many doubts a jury would have needed to find Ellis not guilty ... The judgment about the truth and reliability of the children's accounts was exclusively the job of the jury. It's a shame they made such a mess of it."



Peter Ellis




Peter Ellis and I go way back. Ellis, you might remember, is the fiend who perpetrated horrific abuse against little children at the Christchurch civic creche - according to the courts anyway.

I first saw Ellis in person during a preliminary hearing in 1992, part of which I covered for The Press, and then I saw lots of him in the following year when I reported his High Court trial, after which a jury convicted him on 16 charges of often shocking abuse.

In the time the creche case has hung over Christchurch I have only interviewed Ellis once face-to-face. That was a few days before the jury verdict

He appeared strangely calm and philosophical as we sat talking in his dark flat. He told me he had always been best with children and animals.

People sometimes ask me to vouch for Ellis's character when they hear that I have no faith in any of the convictions. I have to say I hardly know him.

The question arose again this month when a parliamentary sub-committee rejected a bid for a royal commission of inquiry into his case.

Before his trial in 1993 he struck me as a pretty loose unit Even before the allegations arose at the creche, in November 1991, various excesses, including alcohol and sex, seemed to be getting the better of him. The allegations certainly stopped the slippery slide and prison probably did Ellis some good too.

At the creche he would deliberately shock his fellow workers with salacious stories and remarks but could also be thoughtful and kind.

Throughout his High Court trial he conducted himself with dignity, despite holding his glasses together with a plaster, and gave his lawyer instructions to go easy on the children

Ellis's trial was a life and death affair.

My first child was born somewhere towards the end of the trial and Ellis's lawyer's mother died about the same time.

The jury asked the trial judge if it was appropriate for them to send flowers to the lawyer, Rob Harrison. It wasn't.

Ellis sent me a note when I was called away one day, asking me if everything was OK with the baby. It was.

When Ellis was jailed for 10 years after his conviction, I thought he was probably in for a few hidings from the other inmates. But as far as I know, the inmates left Ellis alone and this probably goes back to his prison escort who sat through the trial.

A big, good-natured and wheezy man, he was entirely unconvinced by the evidence against Ellis.

After the jury's verdict, he took Ellis down to the cells and on the way asked him if he had done anything to the children. Ellis continued to insist on his innocence, I heard afterwards.

In my time in court I saw many upright men convicted of terrible sexual abuse against children, so I am not going to say Ellis, given his character, couldn't have done what he was accused of between 1986 and 1991.

It would have been very difficult though. The layout of the creche, the constant comings and goings by parents and the supervision by other staff were not conducive to persistent abuse of children by one evil perpetrator over many years. But perhaps not impossible for a cunning and motivated offender.

In the end, any argument about the creche has to go back to the children and what they told social welfare interviewers collecting evidence for the prosecution.

The judgment about the truth and reliability of the children's accounts was exclusively the job of the jury. It's a shame they made such a mess of it.

I've often wondered how many doubts a jury would have needed to find Ellis not guilty. Clearly the time that had elapsed between the alleged events and the evidential interviews, the parental questioning causing possible contamination, the multiple interviews of each complainant child, the often bizarre and fantastic accounts, the inconsistencies and contradictions in the children's reports, and dubious interviewing techniques were not enough.

Of all the interviews conducted with the children, I gave only one girl any credibility. She was the complainant who later retracted just before Ellis's appeal was heard in the Court of Appeal.

If Ellis had been charged with a less emotive offence — like giving the children lollies, for instance - I don't think the case would have got very far. Sexual abuse, however, seems to have its own rules.

So we have had another 12 years of grinding doubt about the validity of the convictions.

I am not a campaigner by nature and never cease to be amazed at how long the fight for some sort of extensive inquiry into the case has continued. My stamina for the case was exhausted a long time ago.

Ellis is fortunate to have people like the formidable Lynley Hood, who wrote a meticulous book on the case, called A City Possessed, on his side.

In a way, Hood's book was the commission of inquiry so long sought. Unfortunately, it was weakened by a tone of such outrage that you had to wonder if Hood was being fair.

But the creche case will always excite strong views and it is extremely difficult to remain objective and impartial. That doesn't help Peter Ellis.

I wish I could tell you what sort of man he is. I just know he is somebody dealt a grave disservice by a justice system which will, sooner or later, for its own integrity, have to correct itself.