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The
Christchurch Civic Creche Case |
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The case of convicted
sex abuser Peter Ellis has hit another setback as the solicitor general
“defies“ parliamentary select committee recommendations, his lawyer Judith
Ablett-Kerr QC, of Dunedin, says. A two-year inquiry by a
justice and electoral select committee recommended last month the
attorney-general not oppose Ellis' application for leave to appeal to the
Privy Council and that the Legal Services Agency consider legal aid for the
bid. The Solicitor-general,
Terence Arnold QC, was then asked to consider those recommendations. Mrs Ablett-Kerr said
the solicitor-general had written to her, indicating he was not prepared to
accept that the select committee’s recommendation was sufficient cause for
him to believe Ellis should be able to appeal to the Privy Council unopposed
by the state. "There is nothing
that suggests to him that the position taken by the Crown at Peter Ellis' trial
or his two appeals was based on a ‘misapprehension of the evidence’,"
Mrs Ablett-Kerr said. He had also indicated
he was unable to recommend the approval of legal aid at this time. "Yet again, this
is a refusal to accept the outcome of the bona fide inquiry conducted by the
select committee." His approach was "extremely
narrow and most disturbing" and it was concerning the Crown Law Office,
through its head, was prepared to frustrate the "considered and informed
intentions of the select committee", Mrs Ablett-Kerr said. She had written to
Prime Minister Helen Clark and National Party leader Don Brash, asking
whether they would allow the Solicitor-general to frustrate the intentions of
the select committee. "If Ms Clark is
re-elected or Mr Brash elected, will they ensure the select committee
recommendations are acted on? Will Peter Ellis get access to justice or won’t
he?" His defence team had
already been formed with Wellington QC Bill Wilson joining the team and they
were ready to proceed to the Privy Council. "Once we see what
their response is, we will be able to make the next move." This latest setback was
one of many Ellis had faced, she said. Ellis was convicted in
1993 of sexually molesting children at the Christchurch Civic Creche where he
worked. One of the seven
pre-schoolers he was found guilty of abusing later retracted the allegations,
and three of Ellis' convictions have since been quashed. Ellis, who has
always maintained his innocence, served two-thirds of a 10-year jail
sentence. When contacted last
night, Mr Arnold declined to comment. |
