Peer Review of Justice Eichelbaum report into Peter Ellis case required
Justice Minister Judith Collins' announcement that justice knows no price tag is welcomed by both peterellis.org.nz and
independent researcher Ross Francis. In 1993 Peter Ellis was convicted of sexual crimes against children. His case has
long been considered New Zealand's most egregious miscarriage of justice.
In light of Judith Collins' decision to peer review Justice Binnie's report into David Bain's compensation claim,
peterellis.org.nz calls upon the minister to also peer review Justice Eichelbaum's 2001 report into the Peter Ellis
case.
Independent researcher Ross Francis published two articles in the New Zealand Law Journal in 2007, entitled New Evidence
in the Peter Ellis Case. He identified significant errors in the Eichelbaum report.
Eichelbaum claimed that the Ellis case had had the "most thorough examination possible" and that Ellis' convictions were
not unsafe.
However, Justice Eichelbaum could not consider new evidence, nor could he compel witnesses. The inquiry's narrow terms
of reference excluded many important matters from being examined, and the process lacked transparency. Eichelbaum chose
not to look at aspects of the investigation that had direct bearing on the probative value of the children's evidence.
His report and the reports of the two expert witnesses he chose have never been peer reviewed.
Eichelbaum's report is written on the basis that the children's testimony was credible and reliable. This is despite the
fact that the children were subject to suggestive and leading questions, and some children made bizarre allegations,
including allegations of satanic abuse. Graham Davies, one of the two selected experts, wrote that such allegations were
"the stuff of children's fiction."
Eichelbaum concluded that by present day standards the formal interviews were of a "good overall quality". Recent
reviews of the children's interviews by Professor Harlene Hayne and Dr Michael Lamb suggest the interviewing was poor.
Now that Justice Minister Collins has peer reviewed Justice Binnie's report and has spared no expense in the process, it
is time for her to be consistent and order a review of Justice Eichelbaum's seriously flawed report.
:
ends