|
Opinion
Part 1
Terms of Brief
By letter
dated 28 January 1999 I was advised -
"His
Excellency the Governor-General has sought the formal advice of the Minister
of Justice on an application by Mr Peter Ellis dated 16 November 1998 for the
exercise of the Royal prerogative of mercy.
"The Minister has sought our advice and has approved our instructing you
to provide an opinion on the question whether the second petition by Mr Ellis
contains any further issues, which ought to be referred back to the Court of
Appeal."
"The second petition canvasses a number of issues, which have already
been considered in the context of the first petition. While I am interested
in your opinion on these issues I would suggest that the primary focus should
be on any new issues which are raised in the second petition."
"Finally, I note Mr Ellis has asked in the first instance for a free
pardon and a Royal Commission of Inquiry into the case. The exercise of the
Royal prerogative of mercy by the Governor-General to grant a free pardon is
extremely rare in New Zealand and I have doubts about whether such an
exercise is appropriate in circumstances where the Court of Appeal is already
seized of the case. The Ministry is currently considering this question but I
would be interested in any comment you have on this aspect of the petition
and on the application for a free pardon itself."
|
