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Child sex
abuse hysteria and the Ellis case |
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The wisdom of
Gordon Waugh - Index |
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Your article on Lynley
Hood and her new book "A City Possessed" (November) was excellent. The Christchurch Civic
Creche case began with allegations of ritual abuse involving several crèche
staff and ended with convictions for sexual abuse against Ellis alone. No
physical or forensic evidence, no corroboration, no testable evidence of
genuine abuse was presented by the prosecution - it relied on fanciful
stories wrung from little children by self-styled "experts" using
unsound methodology. In another sexual abuse
case, a full-bench Court of Appeal noted in 1998 "...it was in the
public interest that the search for truth should, in general, be
unfettered." Natural justice demands no less. But the search for truth
was shackled and Ellis was convicted. There are two primary
faults which Parliament must fix. One is the Evidence Act amendments which
made sexual crimes "crimen exceptum". They removed the
time-honoured requirements - only in sexual cases -for the prosecution to
present corroborative evidence, and the judicial obligation to warn juries of
the danger of convicting in the absence of corroboration. Too many such
trials now turn on "her word against his". The amendments, based on
belief not fact, must be rescinded. Secondly, the
counselling "profession" is unregulated, irresponsible and shuns
accountability. Counsellors laid claim to an unearned status as specialists.
They adversely influence the mental health of many in our community, and
attract huge sums of taxpayer money through ACC. Their unprofessional use of
assumption, opinion and belief was never acceptable. Parliament must now
compel all counsellors to qualify and practice under an open regime of
rigorous formal training, examination and licensing. Their theories, methods
and findings must withstand public and professional scrutiny, and satisfy
evidential criteria. They must accept accountability. "A City
Possessed" provides adequate reason to exonerate Ellis and return common
sense to a justice system misled by self-appointed experts. Ms Hood is correct.
They got it wrong. Again. |
