The Christchurch Civic
Creche Case |
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Hot on the heels of David Bain's
success at the Privy Council, a high-profile sex offender will try to
clear his name in the London court. The lawyer acting for convicted
paedophile Peter Ellis intends applying to the Privy Council for leave to appeal. Ellis is fighting to prove his
innocence after nearly seven years in jail for abusing children in his care
at the Christchurch Civic Creche. Judith Ablett-Kerr QC says
although no two cases are alike, she is encouraged by the Council's decision
to quash David Bain's convictions. "The Privy Council has
reaffirmed its interest the wider concept of what is a miscarriage of
justice, than the approach that we have had previously taken in New
Zealand," says Ablett-Kerr. For more than a century the Privy
Council in London was the highest, and final, right of appeal for New
Zealanders. That changed in 2003 when it was
abandoned in favour of a New Zealand Supreme Court. But under the Supreme Court Act
certain cases, like Peter Ellis'. can still be heard by the Privy Council
because they were judged by the Court of Appeal before January 2004. Ablett-Kerr plans to file Ellis'
petition with the Privy Council in the next fortnight |