By 3 News online staff
Supporters of convicted child sex offender Peter Ellis say a decision to deny him a Commission of Inquiry is unjust.
Justice Minister Amy Adams has refused the request from Ellis' supporters for the inquiry, saying the process cannot be used to determine a person's criminal liability.
Ellis was convicted in 1993 on multiple child sex charges while working in a Christchuch crèche. He was sentenced to 10 years' imprisonment but the case has been subject to extensive court proceedings ever since.
This included two appeals, an inquiry by former Chief Justice Sir Thomas Eichelbaum and two overseas experts as well as a 2003 petition to Parliament.
Former Justice Minister Simon Power also rejected a similar inquiry request in 2008.
Ms Adams says there is no new evidence in the latest application compared to the one presented to Mr Power that would warrant a new investigation.
"After careful consideration of the public interest and legal issues, I have decided to decline the request for an inquiry."
"The new Inquiries Act 2013 is clear that a Commission of Inquiry is not an appropriate vehicle for inquiring into the correctness of a person's convictions," she says.
The Act says no inquiry has the power to determine someone's criminal liability.
However, there are still other avenues open for Ellis and his supporters including an application to a Privy Council – however, that had been raised by his lawyer more than 10 years ago and had not been pursued.
An application for a Royal prerogative of mercy is also another option for him.
Ms Adams says Ellis can still challenge his convictions, particularly if there is "new and compelling" evidence.
Former ACT Party leader Don Brash is one of those who called for the inquiry and initiated the petition in 2003.
"People in every party in Parliament signed that petition, 11 law professors signed it, one of Amy Adams' own Cabinet colleagues believes Peter Ellis to be innocent – she had children in that crèche when he was alleged to be committing his offences," he said.
Author Lynley Hood, who wrote a book on Ellis' convictions, believes the decision is unfair.
"Because it's been so long since the civic crèche case and we're still putting up with this nonsense of the justice system being unable to self-correct.
Questions have been raised about the way in which child witnesses were interviewed but Ms Adams says they've been thoroughly considered.
"The only reason [Mr Brash] asked us to imply that all the previous considerations were wrong is that he doesn't like the outcome they reached and that's not a good enough reason to seek a reconsideration."
Earlier this year, former Supreme Court Justice Bill Wilson QC said there needed to be a new system to look at miscarriages of justice.
"Two words why I think a change is required – those two words would be Peter Ellis," he said.
I think it would be difficult to argue against the proposition that his conviction raised issues that should be looked at again, and that hasn't happened under our present regime."
Ellis was released in 2000, having spent seven years in jail.
3 News
source: newshub archive
