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The Christchurch Civic
Creche Case |
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Associate Justice Minister Rick
Barker has rejected a new call for a full royal commission of inquiry into
the case of convicted Christchurch childcare worker Peter Ellis. Mr Barker told a researcher
working on Ellis' case that a royal commission cannot be convened to
determine the guilt or innocence of an individual as its primary purpose. "If Mr Ellis wishes to pursue
the question of whether a miscarriage of justice has occurred, the avenue of
appeal to the Privy Council remains open," Mr Barker said in excerpts of
a letter posted on the Poneke weblog. Researcher Ross Francis told NZPA
today that a letter from Mr Barker made it clear the Government would not be
establishing an inquiry into the case. "He agrees with the Justice
and Electoral select committee, which in 2005 concluded that a commission of
inquiry was unlikely to reach a better view of the facts than was reached at
Ellis' trial," Mr Francis said. The request for a commission was
made in January by Ellis' lawyer, Judith Ablett-Kerr QC, to Justice Minister
Annette King, who delegated it to Mr Barker. 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 were quashed. Fresh doubts about the evidential
interviews of children in the case were cast last year in research findings
by Otago University academic Professor Harlene Hayne. She said there was a "strong
risk" that the evidence of children who told of sexual abuse by Ellis
was contaminated by the way the interviews were carried out. She urged the courts to consider
the case again. Mr Francis said the flaws in
Ellis' trial, the failure of the appeals court to address expert opinion
evidence, and Prof Hayne's recent findings raised serious doubts about the
safety of Ellis' convictions. "I believe an inquiry of some
description needs to be set up in order to lay the case to rest." Ms Ablett-Kerr is still working on
a petition to take the case to the Privy Council. If Ellis' case does make it to the
Privy Council it may be one of the last New Zealand cases heard there. The right for New Zealanders to
appeal there was abolished from January 1, 2004, with the establishment of
the Supreme Court. But appeals can still be made in
cases where the Court of Appeal made its final judgment or decision before
that date. Ellis has always maintained his
innocence. He served two-thirds of a 10-year jail sentence. After his High Court trial and two
failed Court of Appeal hearings, a ministerial inquiry conducted by former
Chief Justice Sir Thomas Eichelbaum in 2000 found the interviewing of the
children was appropriate and had not been undermined or contaminated by
others. (Seeking comment from counsel for
Ellis, Ms Ablett-Kerr) |
