https://www.scoop.co.nz/stories/PO0712/S00092/new-evidence-reveals-peter-ellis-inquiry-a-sham.htm
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New evidence reveals Peter Ellis inquiry a sham
Friday, 7 December 2007, 5:38 pm
Press Release: Peterellis.org
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New evidence reveals Peter Ellis inquiry a
sham
Peterellis.org.nz spokesman Richard Christie
reports that new research into the Peter Ellis case casts
doubt on the safety of Ellis' convictions. The research
reveals that Sir Thomas Eichelbaum's Inquiry was carried out
in a manner designed to bury rather than examine doubts
previously raised by three of the world's foremost experts
on children’s testimony. It calls into question the
conduct of officials and has ensured that the case will not
be going away anytime soon.
The New Zealand Law
Journal recently published a two-part paper entitled New evidence in the Peter Ellis case,
[1] by researcher Ross Francis. The author refers to the
latest research into child sexual abuse and cites documents
which have been released only in the last year.
Ross
Francis exposes the lengths to which the then
Attorney-General, the Hon Margaret Wilson, went in order to
prevent an inquiry into the Peter Ellis case. Wilson’s
efforts may have been a factor in Cabinet’s decision to
establish a ministerial inquiry rather than a Commission of
Inquiry.
The research paper exposes how the
ministerial inquiry was manipulated by Justice Ministry
officials, in particular by its then-chief legal counsel Val
Sim. Among the new revelations:
- Eichelbaum
accepted Sim’s advice to “discount” Sir Thomas
Thorp’s Opinion for the Secretary for Justice
[2] (1999) regarding the case. Thorp had expressed strong
concern about the case. On Sim’s advice Thorp’s report
was not publicly released until after Eichelbaum’s report
had been released.
- Eichelbaum accepted Sim’s
advice to reject three of the world’s leading experts on
child testimony, each of whom had been nominated by Ellis’
legal counsel.
- Eichelbaum accepted Sim’s
advice to reject any expert who had a “close publishing
history” with each of the experts nominated by Ellis’
counsel.
- Eichelbaum accepted Sim’s advice to
talk to American law professor Thomas Lyon. Lyon’s views
in regard to child sexual abuse have been subject to strong
academic criticism.
- The name of Louise Sas, a
little-known Canadian psychologist and child advocate, was
supplied to Eichelbaum. The Justice Ministry has been unable
to explain how Sas’ name came to his attention. None of
the parties to the inquiry nominated Sas
- Sas had
published no peer-reviewed research on the interviewing of
child abuse victims yet Val Sim and officials led Eichelbaum
to believe that she had “high standing”.
- Officials advised Phil Goff that “about six”
experts were likely to be appointed as advisors to the
inquiry. Although Eichelbaum was aware of this advice, he
selected only two experts.
- Eichelbaum advised
the then Justice Minister, the Hon Phil Goff, that both
international experts believed the children’s evidence was
reliable. That was incorrect. He also claimed that
allegations arising out of the conviction children’s later
interviews generally did not result in charges. That too,
was incorrect.
- Justice Ministry officials cannot
produce a number of important and sensitive documents
pertaining to the Peter Ellis case.
Ministry
officials, orchestrated by Val Sim, interfered with
Eichelbaum’s inquiry to such an extent that justice has
not been done. The inquiry did not properly examine the
issues that motivated its establishment and that had so
concerned Sir Thomas Thorp in his advice to the Secretary
for Justice. The process, which involved clear bias and
conflicts of interest, was a sham. A Royal
commission of inquiry into the case must be urgently
conducted.
[1] <http://www.peterellis.org.nz/docs/2007/new_evidence.pdf>
[2] <http://www.peterellis.org.nz/docs/1999/Thorp/index.htm>
ENDS