|
|
The Peter Ellis web
site |
|
|
|
|
Peterellis.org.nz would like to
salute Lord Cooke for the many contributions he has made to the judicial
establishment and to the people of New Zealand over the past three decades,
spokesperson Richard Christie says. Along with the justified accolades
that Lord Cooke deserves, it is also time to reflect on his role in the Peter
Ellis case, and to reflect that all judges are still only human, and are
capable of making unfortunate judgments with dreadful consequences for
individual people. Lord Cooke sat on the Court of
Appeal that considered the retraction of evidence of a key witness who had
previously testified against Peter. The judgment came to the conclusion that
"..we are by no means satisfied that she did lie [at trial] although she
may now genuinely believe she did." In other words believe the
allegation, but doubt any retraction. The child has never since wavered from
her retraction of allegations against Mr Ellis. The Court of Appeal did still
quash the convictions associated with that child, presumably taking into
account the doubts expressed, but failed to appreciate the significance of
that retraction. The retraction cast doubt on the reliability of the evidence
of all witnesses on the basis of the common way in which that evidence had
been coerced. Peter Ellis was not given the retrial he deserved at the time,
and continued to serve the full sentence originally delivered. It is interesting to note, as
Peter Ellis prepares to lodge what is probably the last appeal made by a New
Zealand criminal case to the Privy Council, that Lord Cooke was influential
in the establishment of the Supreme Court of New Zealand, the creation of
which effectively prevents external examination of any future outcomes of New
Zealand's judicial processes. There was a real failure of the
judicial system to properly address the Peter Ellis case. The most senior
judges in New Zealand failed Peter Ellis. Peterellis.org.nz continues to call
for a Royal Commission of Inquiry as the only means to resolve the issues and
processes surrounding the case.
ENDS |
