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updated December 16 2008 Document obtained from the Ministry of Justice details the
advice that has been given to the then Associate Minister of Justice Rick
Barker on holding a Commission of Inquiry.
The advice given to Rick Barker is provided in a letter
from the Chief Legal Counsel, Jeff Orr, to researcher Ross Francis: 2008-1014 -
Ministry of Justice - Letter from Jeff Orr to Ross Francis
Dr Lynley Hood was interviewed by TV1 Breakfast and Radio Live:
(Extracts): “It’s a case that doesn’t go away for a whole lot of
reasons. Not just the questionable conviction of Peter Ellis which to anybody
who has looked at it closely with half a brain can see that it was a botched
investigation into a crime that never happened, but the ramifications go so
wide to all the other peoples whose careers were damaged and destroyed by the
case, and a city ripped apart all on the basis of an ambiguous comment by a
three year old boy. And you ask, how can this happen?” “A Commission of Inquiry can go so far beyond the issues
of the guilt or innocence of Peter Ellis. It can actually look at what happened,
How an ambiguous comment from a three year old boy can ....destroy so many
lives. It can look at what is wrong with the investigative procedures that
can’t distinguish between true and false allegations and a justice system
that can’t reliably separate out the guilty from the innocent, and that’s a
worry for everybody. And it can look at issues like the belief that still
affects men in teaching that all men, even the most decent of men are in part
a dangerous sexual predator that can’t be trusted around children. That is
just so toxic and it needs to be examined.” Breakfast co-host Paul Henry said: The fact is that it is impossible for Peter
Ellis to be guilty as charged.
Impossible. As Lynley Hood said anyone with half a brain reviewing the evidence
can see that..... The case has never been reviewed in it’s entirety. It just
seems extraordinary to me 2008-1216
- TV1: Breakfast - Peter Ellis Inquiry 2008-1216
- Radio Live - Government reconsidering Peter Ellis case 2008-1216 -
Radio Live - Peter Ellis supporters denounce central boy’s evidence
16 Dec 2008 Inquiry breakthrough welcomed
Peter Ellis talking of the vested interests of
officials in the Ministry of Justice: "I have high hopes that [Mr Power]
will have the moral courage and political will to certainly listen to the advice
of the [Justice] ministry, but to remember that if the ministry consists of
the same career bureaucrats that have been in charge of [the case] for the
last 17 years ... that they have a vested interest to leave it as the status
quo." Peter Ellis also urges Simon Power to look at findings of Professor
Harlene Hayne. Professor Harlene Hayne has said there was a strong risk that
the evidence of children who told of sexual abuse by Mr Ellis was
contaminated by the way the interviews were done. "There's
a wealth of information out there. I'll be most disappointed if Mr Power
comes back and says 'well, the advice from the ministry is that there's
nothing wrong with it'." Mr Ellis' lawyer, Judith Ablett Kerr, said it was a golden opportunity
for a fresh Government that had previously supported an inquiry to show it
meant what it said Katherine Rich said “The Peter
Ellis case is the Arthur Allan Thomas case of our generation and someone has
to have the political will and judgment to take another look at it”, 2008-1216 -
NZ Herald - Ellis hopes Government will look with fresh eyes 2008-1216 -
Otago Daily Times - Dunedin supporters welcome Ellis inquiry breakthrough
This site reacts with concern that Minister Simon Power is
immediately asking for advice from the same officials who have consistently
acted against Peter Ellis, and who cannot provide impartial advice: “Justice Minister Simon Power is right to
approach renewed calls for an inquiry into the Peter Ellis case with an open
mind but he is unlikely to receive such impartial advice from his officials.”
Rather than rely on advice from his ministry, Power has
the opportunity to avail himself of the mountain of source data and impartial
analysis in regard to this case that has been made available on the internet;
recent research on the childrens interviews by Harlene Hayne, professor of
psychology at Otago University; and by reading Dr Hoods landmark book “A City
Possessed.” 2008-1215
- peterellis.org.nz - Ministry not impartial - Ellis case deserves Royal
Commission of Inquiry David Farrar, of kiwiblog reported the news and commented “I am aghast
at how Peter Ellis was found guilty. I
have read many many articles and the Hood book on the case, and each time I
am staggered at how flawed the process was. Simon Power has a great
opportunity to restore faith in the justice system. I hope he takes it
up. In dozens of follow up comments
from readers, there is an overwheming concern that Peter Ellis is the victim
of an injustice, and an inquiry is required. 2008-1215
- Kiwiblog - Call for Power to launch inquiry into Peter Ellis case
Justice Minister Simon Power has agreed to consider
a request for a Commission of Inquiry into the Peter Ellis case. A spokesman for Mr Power said the minister
was approaching the issue with an open mind.
He intended to seek a briefing from officials and then consider the
letter. He did not wish to comment further on the possibility of a fresh
inquiry until he had more information. News reports reiterate the fresh doubts about the
evidential interviews of children in the case that were cast in research
findings by Otago University academic Professor Harlene Hayne. Hayne has 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 Ellis says he welcomes the support to clear his name. "We
must remember this isn't just the Peter Ellis case, this is the Civic Creche
case and it's now in its 18th year." Mr Ellis says an Australian judge
could oversee a hearing. Ellis says he is wary the same ministerial
bureaucrats who have considered his case before, will offer the new Minister
the same advice, and a new approach will go nowhere. However he says he will
remain positive. 2008-1215
- The Press - Government to reconsider Peter Ellis case 2008-1215 - Stuff
- Brash, Rich call for fresh inquiry into Ellis verdicts 2008-1215
- Radio NZ - Justice Minister to consider inquiry into Peter Ellis case 2008-1215 -
Radio NZ - Brash renews call for Peter Ellis inquiry 2008-1215 - One
News - Push to reconsider Ellis case 2008-1215 -
One News - New minister revisits Ellis case 2008-1215 -
Otago Daily Times - Govt considers Peter Ellis inquiry 2008-1215
- Newstalk ZB - Peter Ellis case to be reconsidered 2008-1215 -
Newstalk ZB - Fresh push for Peter Ellis inquiry 2008-1215 -
National Business Review- New request for commission of inquiry into Ellis
case 2008-1215
- Guide2.co.nz - Govt Considering Request For Peter Ellis Commission Of
Inquiry 2008-1215 - Gay NZ
- New call for Ellis case to be reopened 2008-1215 -
Three News - Govt considering request for Peter Ellis commission of inquiry
Lynley Hood (Author of “A City Possessed”, Don Brash (Former
National Party leader) and Katherine Rich (former National
Party Opposition Front bench MP) write to the new Minister of Justice Simon
Power, requesting a Commission of Inquiry into the Peter Ellis case. The subject of this letter will come as no surprise to
you. We have held serious concerns about the Peter Ellis/Christchurch Civic
Creche Case for a long time. In our view, the time is long overdue for the
Minister responsible for our justice system to demonstrate the political will
and moral courage necessary to ensure that a comprehensive and genuinely
independent inquiry is held into what is widely regarded as New Zealand’s
most egregious miscarriage of justice. We ask you to commission an overseas
judge to review the entire case. We believe this is the only realistic option
left. In support of this proposal, we offer the following points: • Though
fifteen years have passed since the controversial conviction of Peter Ellis,
disquiet over the Civic Creche case remains widespread and ongoing. Despite
the best efforts of the previous government to bury the problem, the public
has refused to let the matter rest. The letter continues with 12 supporting arguments for a
commission of Inquiry. 2008-1215
- Scoop - Media Release, Lynley Hood
A new Government with the National Party forming a
coalition with United Future, ACT and the Maori Party has been formed. Professor of Law, James Allan writing in the National Business
Review puts a pardon for Peter Ellis at the top of his list of non-economic
issues for the new Government “....... it is incredible that Ellis was convicted
and that the legal system has continued to stand by that decision. I think
Ellis is out and out innocent. On the required legal standard it is near on a
travesty that he was convicted.” “Ellis
should have his name cleared while he’s still alive” 2008-1121 -
National Business Review - What John Key must do first
Ross Francis details 13 key issues
that an inquiry would be expected to investigate, including: ·
the dubious
claims of the prosecution's expert witness and their likely effect; ·
the likely
effect of the trial judge's advice ·
the
admission by the oldest conviction child that she lied during her evidential
interviews and at trial; ·
the effect
of legislative changes in 1989 regarding the prosecution of sexual offences
against children; ·
the
impartiality and conduct of those tasked with investigating and reviewing the
case; ·
the expert
opinion evidence of Drs Michael Lamb and Barry Parsonson and Professor Maggie
Bruck, which remains untested and which raises doubts as to whether any
children were sexually abused; ·
recent
research by Professor Harlene Hayne showing that the complainants' formal
interviews were poor and were not substantially better than those employed in
a notorious US case of alleged child sexual abuse; ·
the quality
of advice from the Ministry of Justice, which has consistently opposed a
wide-ranging inquiry. Other
issues are also included.
Peter Ellis observed that his case had compelling evidence that
should be considered: that the Eichelbaum report has been debunked by Ross
Francis in the Law Journal report, and secondly the new study done by
Professor Harlene Hayne. Peter Ellis also referred to the decision in the Privy
Council in the David Bain case where there was a decision that the judge
should not be interfering with the evidence that goes before a jury. That
decision has direct relevance to the Ellis case. 2008-0623
- Christchurch ZB - Transcript of interview with Helen Clark and Peter Ellis.
A later Southland Times editorial that
reviews the legislative changes says that Peter Ellis question, asking
whether the legislation applies to tainted convictions as well as tainted
acquittals, is a fair question. 2008-0611 -
The Press - Two equal sides? 2008-0611 -
Radio NZ - Proposed bill on retrials must be fair for all - Ellis 2008-0623
- Southland Times - A few legal rethinks
Barrister Gary Gotlieb says there should be no
requirement, regarding parole decisions, to acknowledge guilt. There are many
cases where people later confess, but there are instances, too, where a
prisoner's denial is genuine. He referred to the cases of David Dougherty and
Rex Haig. And noted that Peter Ellis did not want parole if
it involved confessing to what he maintains he did not do. In the case of Bob Schollum, parole was refused because he
was considered an undue risk not only because of his denial of guilt, but for
other reasons such as his lack of remorse and his lack of empathy for the
victim. But a lack of remorse and lack
of empathy for the victim are both consistent with a denial of guilt. 2008-0607 -
NZ Herald - Parole: when confessions don't count
One notable member is Val Sim ..... “She is experienced
in criminal law matters, having previously been a chief legal counsel for the
Ministry of Justice. In this role, she helped build public confidence in the
criminal justice system by standing firm in her opinion (to the minister of
justice) that the widely mistrusted conviction of Peter Ellis on child
molestation charges should not be reviewed by an inquiry, nor a pardon
granted” 2008-0424
- National Business Review - A committee possessed
In a further comment by Brian, it is revealed
that a formal allegation of perjury has been made against Karen Zelas, but
the police will not consider the complaint. The reasons for not considering
the complaint are provided and critiqued by Brian, who suggests that “it is time that the police came out of
“justification” mode, justifying and trying to protect themselves from their
previous shoddy involvement in this case “ 2008-0408 -
Poneke Weblog - Ablett Kerr gives detailed reasons why a royal commission is
needed
·
Crucial interview tapes that would have assisted any assessment of
reliability were not played to them; ·
The defence were restricted in their ability to both lead evidence and
cross-examine in a way that would have assisted any assessment of
reliability; ·
Evidence outside the scope of [the Evidence Act] was given by the
prosecution expert [Karen Zelas]; ·
The evidence given by the defence expert [Keith Le Page] was unfairly
ridiculed; ·
The prosecution expert failed to support her evidence by reference, in
the standard way, to literature and statistical information and consequently
the jury were deprived of hearing what relevant mainstream research into the
reliability of the evidence of children said. This research, of course, supported
the defence contention that the children’s evidence had been contaminated and
could not be relied upon; ·
The jury were denied the opportunity to compare the evidence in the
case with the known dangers of contamination associated with the style of questioning
by both parents and professionals; ·
The jury never heard of the concerns that the prosecution expert had
held pre-trial as to the contamination of a particular child; ·
The jury was unaware that the lead complainant would later admit that
she had lied about Ellis indecently touching her; ·
The jury could not have understood how great was the inequality of
arms between the prosecution and defence and the effect that such inequality
had on the proceedings. Poneke describes further why the case is a travesty of
justice, and how the Justice officials are still fighting to prevent justice
from being done. 2008-0408 -
Poneke Weblog - Ablett Kerr gives detailed reasons why a royal commission is
needed
E Williams, in another letter says that an inquiry into the Civic
Creche case is important, and that for the sake of all those involved,
including the children, the issue should be cleared up Phil Sinclair, a letter writer to the NZ Herald refers to promises made
by Labour MPs before winning election to government, and their subsequent
inaction, suggested to be due to a “small
and overly influential bloc of interest parties who had good connections to
other Labour MPs” 2008-0407 -
The Press - Peter Ellis let down again by poor justice system 2008-0405 - The
Press - Too hard basket? 2008-0402 -
NZ Herald - Ellis case
Rex Widerstrom says that the issue is an important election issue: “if a would-be politician isn’t interested
in something as fundamental as the integrity of our “justice” system, and the
wrongful imprisonment of the innocent, what business do they have standing?” F.E Smith writes a thoughtful essay. Some quotations:: “we have a general societal attitude today
that puts ‘getting tough on crime’ ahead of the rights of the the
individual” “If we believed in due
process, then an inquiry would be a given simply because there is so much
concern about Peter Ellis’ convictions” “While screwing the justice system is
a vote winner, people like Peter Ellis will continue to suffer.” He also makes reference to the “outrageousness of appointing Val Sim a law
commissioner in light of her total misfeasance the first Ellis inquiry Tim Barclay is “more in favour of a Royal Commission in the criminal
justice system” than he is on the particular problems of one person Yvette lists “baggage at
stake” that may be unerlying reasons for not having an inquiry: financial
considerations; discredited methods of interviewing children; police conduct;
feminist agenda; media hysteria. Mark says “It’s time for a commission of inquiry to be held. The sooner the
better.” Other comments include “An obvious travesty
of justice in NZ” “Why is the
government so afraid of a search for the truth? “Peter Ellis’ only
“crime” was being a poof in a child-care centre during a disturbing time of
child abuse and witchcraft hysteria” “The Peter Ellis
case was NZs version of the Witches of Salem” 2008-0328 -
kiwiblog - Peter Ellis
She concluded however with a possible significant concern:
"At the end of the day, we have to
find enough money to get that petition over there," 2008-0328
- The Press - Royal inquiry into Ellis case rejected
2008-0328 - One
News - No Royal Commission for Ellis
Judith Ablett Kerr is further reported saying she was disappointed
the inquiry bid had been "brushed
aside in such a superficial way” She believed
articles in the New Zealand Law Journal and an Otago University study cast
both the convictions and a ministerial inquiry into doubt 2008-0328 - NZ
Herald - Govt 'no' to inquiry plea appals Ellis 2008-0328 - One
News - No Royal Commission for Ellis 2008-0328
- The Press - Royal inquiry into Ellis case rejected 2008-0328
- Newstalk ZB - Ellis believes inquiry decision inevitable 2008-0328 -
Radio NZ - Ellis loses bid for Royal Commission
Ellis
lawyer, Judith Ablett-Kerr says “frustrating” would be "a very
genteel way" to describe how she feels.
Keri Hulme Author Keri Hulme, writing in comments of
Poneke Weblog says
“Politicians....have neither the guts nor the intelligence nor the willpower
to urge judicial investigation” 2008-0327 -
Stuff - Rejection of inquiry call 'cavalier' - Hood 2008-0327 -
NZ Herald - Rejection of inquiry into Peter Ellis creche case 'cavalier' 2008-0327
- Newstalk ZB - Lawyer beyond frustrated in Peter Ellis case 2008-0326 -
Poneke Weblog - Peter Ellis told “go to the Privy Council”
2008-0327 -
NZ Herald - Ellis Royal Commission rejected 2008-0327 -
Newstalk ZB - No Royal Commission on Inquiry into Ellis case 2008-0327 - One
News - No Royal Commission for Ellis
The weblog observes that the letter from the Associate
Justice Minister “is straight from the
same Justice Ministry folk who have fought successfully for 15 years now to
ensure the Civic case is not reopened, despite almost everyone, including
them, knowing it is a complete crock and the biggest miscarriage of justice
since Thomas.” 2008-0326 -
Poneke Weblog - Peter Ellis told “go to the Privy Council” 1. Fallacy
that the Ellis case has received extensive scrutiny 2. Fallacy
that the Eichelbaum “experts” expressed the same overall conclusions 3 Fallacy
that Eichelbaum placed significant weight on opinion of Professor Davies 4 Fallacy
that Eichelbaum made independent inquiries in his selection of experts
5. Assertion
that Ms Ablett Kerr is seeking to appeal to Privy Council 6 Ross
Francis outlines highly questionable aspects of Ellis’ trial 7. Recent
research findings provide evidence that the conviction is unsafe Ross Francis says:
The flaws in Ellis’ trial, the failure of the appeals court to address
the expert opinion evidence, and the recent findings of Prof. Hayne raise
serious doubts about the safety of Peter Ellis’ convictions 2008-0319 -
Letter by Ross Francis to Associate Justice Minister Rick Barker 2008-0130 -
Poneke’s Weblog - Movement at last in the Peter Ellis case
David Farrar in Kiwiblog “totally endorses 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.” Farrar continues “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” 2008-0130 -
Kiwiblog - Do the right thing on Ellis case
2008-0130 -
NZ Herald - Peter Ellis' lawyers seeking royal commission hearing 2008-0130 -
The Press - Govt mulls royal inquiry for Ellis 2008-0130
- Three News - Supporter: Peter Ellis inquiry long overdue
2008-0129 -
Stuff - Trial system in the dock
2008-0129 - United Future -
Ellis deserves Royal Commission of Inquiry - Dunne
2008-0129 -
Radio NZ - Ablett Kerr: Research highlights flaws in interviews 2008-0129 -
NZ Herald - Peter Ellis' lawyers seek Royal Commission 2008-0129
- Newstalk ZB - Ellis' lawyers want Royal Commission of Inquiry 2008-0129
- Nelson Mail - Ellis's lawyers seek royal commission
2008-0127 -
Poneke’s Weblog - Ellis case researcher backs Law Commission call
2008-0112 -
NZ Herald - Psychologist: Ellis case questions were suspect 2008-0112 - NZ
Herald - Call for inquiry into justice system ignored: ex-judge
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