Peter Ellis, who today had his child sex abuse conviction quashed by the Supreme Court, maintained his innocence until his death. Photo / 1News
Peter Ellis, who today had his child sex abuse conviction quashed by the Supreme Court, maintained his innocence until his death. Photo / 1News
In his last interview days before his death, Peter Ellis continued to fight for justice.
"I don't want to be put in a box on a shelf, saying 'ah well, he died, bad luck'."
Ellis maintained his innocence for 29 years. Five days before Ellis died, he spoke of hisconviction, now quashed, in a never-before-seen interview with 1News' John Campbell.
The Supreme Court today quashed the convictions of Ellis, saying there was a "substantial miscarriage of justice" in the case of the former creche worker who was jailed for child sexual abuse in 1993.
"I've never done any of those things [I was accused of], and yes I am innocent," he told 1News in 2019.
Newstalk ZB's Mike Hosking also spoke with Ellis weeks before his death, when he prophesied the continuation of his appeal beyond his own life.
Ellis hoped that if he died before the appeal, those impacted would find closure.
"I am hoping that the select committee might look at putting in something that would safeguard someone's right to still clear their name even when they have passed away," he said.
"There should be a mechanism if someone has shown intent to push on with their case, worked hard on the case, was showing intent to go for compensation - that his family have the right to have his name cleared, as do I."
Peter Ellis, pictured after an application for his pardon was refused by the Governor-General on March 13, 2001, is now exonerated by the Supreme Court's quashing of his child sex abuse conviction. Photo / NZME
When Ellis spoke with Hosking he was "feeling quite excited" about his appeal hearing later in the year.
His spirits were high despite his recent cancer diagnosis but tears were shed when he spoke of the toll the convictions had on him.
He was optimistic and grateful to the team of experts who had worked on his appeal case and to all the people who had worked with him and supported him over the 27-year battle.
He told Hosking that clearing his name was not only important to him, but to all of his supporters over the years.
"It becomes important when the number of people who have supported me and helped me over the years have passed away; the stories that haven't been told of parents that chose sides and their marriages broke up; the crèche children that didn't believe it happened – so there is that particular aspect of it.
"There is also my mother who put her time into this - those people who have slipped away and have deserved an answer," he said.
He told 1News: "Since 1991, I've battled to clear my name. I've always laughed my way through things, so it's part of what happens, I suppose. I laugh my way through it, [but] it's not funny."
Ellis died of bladder cancer in 2019, just months after the Supreme Court granted leave to hear a last-ditch appeal to clear his name.
His lawyer continued to argue the appeal using tikanga Māori custom, where a person's mana is as important in death as in life, following a suggestion by the Supreme Court justices.
The unprecedented and complex legal case made history today and may create a seismic shift in the future of New Zealand law after Ellis became the first person to have his convictions quashed posthumously.
Lynley Hood, a staunch supporter of Ellis and author of A City Possessed, wanted the Crown, expert witnesses and councillors involved in the prosecution to admit their fault.
"I want to get hold of the written decision and look at it carefully. Certainly, Karen Zelas got a roasting from the judges.
"It would be great if the councillors and expert witnesses for the Crown put their hands up and said 'we got it wrong'. They're saying 'oh we'd never interview kids like that now'. Well if that's the case, then acknowledge you got it wrong back in the day. Other than that I guess, the world goes on."
Ellis told 1News: "I really know I'm not guilty of abusing children at the Civic Creche. And that's about all I can say on that, nothing more and nothing less - it was just straight out, plain unfair."
