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Letter to NZ Herald
January 22 2006

Sir Thomas Thorp's report
Gordon Waugh, Whenuapai

 

Sir Thomas Thorp's report on wrongful convictions is most welcome. Wrongful convictions readily arise in cases of a sexual nature where the prosecution relies on the uncorroborated word of a complainant. Some complaints are decades old, when no other evidence could possibly be available. They often rely on "recovered memories" or "delayed recall" and other deceptions. There are plenty of examples.

For ideological purposes, the Evidence Act was amended to remove the need for corroborative evidence in these cases, and to allow so-called "expert witnesses" to misguide juries as to childhood and adult behaviours after alleged sexual abuse. The Peter Ellis case is the foremost example of this.

Other protections were also introduced for complainants. It is time to dismantle them, return to common sense, and demand genuine evidence. A statute of limitation is justifiable.

Related matters also need attention. Without investigation, testable evidence or trial, tens of thousands of men have been wrongly "convicted" of sexual abuse by ACC and its counsellors, and hundreds of millions of dollars paid in unwarranted compensation. ACC compensation should not be available unless a rightful conviction has been obtained.