Child sex abuse hysteria and the Ellis case


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Sunday Star Times
November 1 1998

Compensation for innocence
Letter by G Waugh, Auckland

Congratulations for your courage and sense of fair play in making public the facts behind David Dougherty's case. All that evidence was available at trial, but not used because the prosecution had a mind-set.

The Evidence Act does not demand corroboration, and police policy is to believe every complainant. These systemic faults combine to encourage complaints. They create a presumption of guilt and sabotage thorough, neutral and objective investigation techniques. Dougherty was presumed guilty merely because an 11-year-old girl pointed the finger.

Five Gisborne policemen suffered the effects of a similar mind-set. They were acquitted. Police Commissioner Peter Doone said they had been exonerated by their acquittal. Police funds paid their legal costs, and compensation is being considered.

Dougherty and many other innocent men have been acquitted, but not exonerated or compensated. They pay their own legal fees.

When the power of the state has been used to prosecute the innocent, compensation should be complete, automatic and applied without delay.

Justice Minister Graham has lost touch with society and reality. He would serve the country well by paying Dougherty, and others, compensation for state-inflicted damage. Continued refusal is unreasonable.