Peter Ellis decision: Parents 'shocked and saddened', supporters praise 'first sensible verdict'

The parents of some of the children who accused Peter Ellis of sexual abuse in the 1990s say they are shocked and saddened by the Supreme Court's decision to overturn his convictions.

At the same time, the decision is being welcomed by Ellis' family and supporters.

The Supreme Court today quashed Ellis' 1993 convictions for child sex offences, finding a significant miscarriage of justice occurred.

A statement has been released anonymously by an unspecified number of parents of the complainants.

In the statement the parents said the children did suffer terrible abuse three decades ago, and lived with the effects of that abuse today.

"Asking children at the age of 5 or 6 to give evidence in a court of law, after having had interviews with people they had never met, and had no reason to trust was always going to be a huge ask of both the children and their families. The fact that some managed to do this was the exception rather than the rule. The children who did go to court have carried a huge burden all these years, but they know that what they told the court was backed up by the other abused children who for a variety of reasons were unable to testify."

The statement said the evidence against Ellis had received an unprecedented level of legal scrutiny over the years.

"The judge and jury in the original trial believed the children, two appeals to overturn those convictions were lost and and a Commission of Inquiry upheld the verdicts."

The parents thanked police for their work over the years, and all the people who gave evidence in support of the children.

They wanted to acknowledge the Supreme Court's recognition in this latest decision that the judgement was in no way a criticism of the parents, the complainants or those involved in the investigation or trial.

However, the parents said that in quashing the convictions, the court had favoured a convicted criminal, and ignored the victims.

They said their children had not been allowed a voice in the process.

"Some are too afraid and traumatised still, but we as parents want to speak out and say loud and clear once again. We hear you and we believe you."

The statement said their children deserved to be safe in the care of adults, but were not.

The legacy of the case was that childcare centres around New Zealand became safer places for all children and staff, it said.

The 'first sensible verdict'

Ellis' brother, Mark Ellis and his sister Tania said the decision had restored their brother's mana.

Mark held back tears outside the court.

"I wish my brother was here because it was really what he deserved. It was not for us to hear so much - it was him and mum who were the staunch party in the whole thing and always stood strong."

Ellis always maintained his innocence, taking his case to every level of the country's justice system.

He lodged his last-ditch appeal to the country's highest court in 2019, but he died of bladder cancer before any hearing could be held.

In a legal first, the Supreme Court ruled his appeal could continue despite his death, a departure from common law norms.

Meanwhile, Ellis' lawyer Rob Harrison said his exoneration was a fantastic feeling for the family.

Harrison said Ellis never gave up on trying to clear his name and had an "indomitable" spirit.

"Despite being challenged with this, despite being convicted of this, despite having to live with this for the best part of 30 years, he didn't give up and he didn't back down from who he ... was, and he fought."

Harrison said the family had not considered whether it would seek compensation from the Crown.

Another of Ellis' lawyers, Natalie Coates, said tikanga played an important role in the decision to quash his conviction.

Tikanga, the customary rules which govern Māori life, gave Ellis a right to clear his name or re-establish his mana, even after death.

Coates said although tikanga had not been the deciding factor in the decision, it had affirmed its relevance in the legal framework.

"It was certainly relevant to the decision and I thought the Supreme Court carefully treated and provided a framework for thinking about the intersection between tikanga and the common law going forward."

A family friend of Ellis, Barry Doyle, said the clearing of his convictions was a wonderful move.

Doyle, who said he knew Ellis for most of his life, teared up when the verdict was delivered.

"The whole country has waited for the first sensible verdict that this case has known.

"It's at the highest level and we are all grateful. It's been a long ... journey, and it's sad that Peter's mother died about a month ago."

Doyle felt sorry for the children, who he said were also caught up in an injustice.