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http://www.kiwiblog.co.nz/2008/01/do_the_right_thing_on_ellis_case.html
Some issues are beyond politics.
The Peter Ellis case and convictions are one of them. I totally endorse the call for a
Royal Commission of Inquiry into the Ellis case. One needs the latitude
a full commission of inquiry has, to deal with the public’s deep scepticism over this case. It should be in the interest of
all politicians for there to be confidence in the justice system. The
Ellis case corrosively undermines that confidence. While convictions
are not a public popularity contest, I know of almost no-one who thinks the
Ellis convictions are safe. And this is based on a massive amount of
published research on the case. Annette King is the Minister of
Justice. It is a pity she will not consider the merits of the case herself
(she cites conflict as she is also Police Minister) as I have considerable
regard for her judgement and ability. I think she
could and would see the bigger picture (it is not just about Ellis who is now
free - it is about the wider justice system). Lianne
Dalziel can not be delegated the case, so it will
fall to Clayton Cosgrove or Rick Barker. The Minister who deals with this needs to be able to consider the issues carefully
using their own judgement. They should not merely
ask officials for a report and rubber-stamp it. I can tell you now that of
course the Ministry of Justice will oppose a Royal Commission into the Ellis case. I know many (not all) National MPs
have a deep concern over the Ellis case. Katherine Rich and Don Brash helped
lead the charge a few years ago for such a Commission. While I can in no way
speak for them, I am sure National would in no way criticise
the Government if it did hold a Royal Commission. And I think all the
minor parties would be supportive. There will be a lot of partisan
behaviour this year in the NZ blogosphere.
What would be great though is to have as many blogs
as possible join a campaign for an Ellis Royal Commission. We have one
of the true experts on the case with Poneke, and could keep the case in
profile by doing stuff ranging from all displaying a prominent graphic
calling for the Royal Commission, to pledging to blog
or link to a blog on the issue at least a fortnight
or something. I am sure Poneke could generate enough material for us to link
to or summarise. 19 Responses to “Do the Right Thing on Ellis case” poneke Says: That is a fine suggestion, David. The research by Harlene
Hayne that blew apart the Eichelbaum report has certainly shaken the
officials who have so far stopped governments of all parties from having a
proper inquiry into this case. pdm Says: God forbid if Barker reviews it - he will only do what
Helen tells him. Different case but I see in todays
DomPost that Scott Watson has been disciplined for
an `alleged’ assault on another prisoner. John Dalley Says: I have always been concerned with what i
beleive was the rail-roading
of Ellis. Didn’t catch it all on National radio yesterday arvo
but the lady mentioned that of the 14.000 odd questions asked of the children
involved, that only about 11 where considered safe (i.e. unloaded) questions
to ask children. poneke Says: Well, the full details of the research that was cited,
including the question statistics, is here. poneke Says: And a full transcript of the interview is here. Captain Crab Says: Something is needed. This case is a blot on what is
generally a fair Justice system. Ellis has been treated shamefully and the
discarding of the appropriate experts to investigate and report is a travesty
and imho another example of Labours
blatant political manipulation of the public service for their own ends. Paulus Says: Having re-read Lynley Hood’s book in view of the recent
revelations contained in the NZ Law Journal concerning the views taken by a
Justice Department official, “assisting” Eichelbaum at the time. The lead
questions should be addressed to this person, now a senior Law Commission officer,
no doubt now being able to give a PC plausible answer, in the absence of the
late judge. There is every reason for a full enquiry to take place.
Questions must be asked in public. Damn the cost - an open and honest society
is more important as this has been sorely damaged recently. This is not only concerning a miscarriage of justice for
Peter Ellis, for which the law itself must decide, but for the vested
involvement of a number of people following these revelations. Ruth Says: Great idea. If a trust or the like is set up to support
Ellis’s case I know several people who would like to donate - myself
included. PhilBest Says: And if Peter Ellis was a woman…………. Frank. Says: So at last, movement in the Peter Ellis case, possibly the
worst miscarriage of justice in New Zealand since Arthur Alan Thomas as the
result of the call for a Royal Commission of Enquiry. Surely this call is a reflection of the imperfect Justice
System we have in New Zealand. The root cause of the public lack of confidence in our
justice system is as a s a result of our lack of
confidence in the Office of the Commissioner. The Dame Margaret Bazley report
was damning enough, but was very restrictive. It revealed it was only the tip
of the iceberg. Look at the disgraceful Police Investigation into the 2005
election proceedings, which brought about no prosecutions despite the
unlawful use of Taxpayer’s money. This allowed the disgraceful Validation
Act, the EFA etc. Rickard walked away with a golden handshake. Why did
police bury the original complaint against Field? Why weren’t
the Correction Officers found guilty in 2005 of smuggling in
cell-phones, weapons, drugs etc. for prisoners not charged? Look at all the State Services in house investigations
that do not result in prosecutions. With over 220,000 State Servants, how
many are charged? Yet we have the state services Commissioner (Of Corngate fame) standing down before his time! Why? John Dalley Says: Phil. Peter Ellis was not the only one charged at the
time, several woman creche workers where also charged and though i don’t remember the details, they where found not
guilty. John Dalley Says: On the White Charger again i see
Frank. slightlyrighty Says: When the Cabinet reshuffle was announced, I speculated
that Annette King holding both police and justice portfolios may be a
conflict of interest. It appears I have been proven correct, although it may
well be just a convenient dodge on the part of Ms King. Joely Doe Says: John - I believe the charges against the women were
dropped. They were not found ‘Not Guilty’. Personally, I think the
prosecution realized how nonsensical the charges would have seemed, had the
women been charged as well. All the more plausible
if it came down to an individual. Rex Widerstrom Says: While I wholeheartedly support a proper independent review
of the Ellis case, it’s only one of a multitude of miscarriages of justice
that occur in NZ and will continue to occur if the system is not subject to a
fundamental review and overhaul. As Frank. says: Surely this call is a reflection of the imperfect Justice
System we have in New Zealand. It’s not good fixing one case (admittedly a high-profile
case and one of the worst instances of miscarriages of justice in NZ judicial
history) and not fixing the system that allowed it to occur. Hundreds of ‘lesser’ cases of injustice occur every year,
but because the evidence of such miscarriages is less obvious and less
dramatic than the Ellis case, and the penalties meted out less severe, there
simply isn’t the will, resources or time for them to be taken up as a cause
as Ellis’s has. And John Dalley, that you can
smugly dismiss Frank as “on his white charger” for raising the spectre of injustices beyond the well-known cases of Ellis,
Thomas et al clearly means you or a member of your family hasn’t been a vicitim. In which case, think yourself lucky. But realise that you could easily be, and that those of us
“on our white chargers” are trying to protect you as much as anyone else. Frank. Says: John Dalley: Why is it that you try to rubbish the Truth? You obviously
dislike facts. grumpyoldhori Says: Great post David, it was an utter disgrace that Peter Ellis
was found guilty, I wonder, Michael E Says: Perhaps a Royal Commission is a little premature. The last
I heard Ellis (no relation) was applying to have an appeal heard at the Privy
Council. A Royal Commission would be a good idea, but only after
the legal process is fully exhausted. ross Says: No, Michael, a Royal Commission is not premature. You obviosuly didn’t hear Judith Ablett Kerr being
interviewed yesterday. She said: “If we win [in London], which I expect that
we would, then at the end of the day we’re still going to have to have a
commission of inquiry of some kind, because a Privy Council appeal will not
answer the questions about what happened at the Christchurch Civic Creche and
how on earth we got into this situation.” That’s exactly right. Quashing Ellis’ conviction is only
part of the solution. Making sure this never happens again is another. But
how can we ensure that this never happens again if we don’t know how we
created this mess? |
