Governor-general Widens Terms For Appeal On Ellis Case

"The Governor-General has widened the terms on which Peter Ellis's case has been referred to the Court of Appeal", Justice Minister, Tony Ryall, said today.

Peter Ellis petitioned the Governor-General for the exercise of the Royal prerogative of mercy for a second time in November 1998.

His first petition was made in December 1997. As a result of the 1997 petition the case was referred back to the Court of Appeal and is set down for hearing on 31 May 1998.

In his second petition Mr Ellis sought a free pardon or alternatively for his case to be considered by the Court of Appeal on broader grounds than previously referred.

"Having received advice from the retired High Court Judge, Sir Thomas Thorp, I advised the Governor-General that the terms of reference of the case to the Court of Appeal should be broadened", Mr Ryall said.

"However, I also advised that it is not appropriate to consider the pardon application at this stage. There would need to be cogent and compelling grounds to grant a free pardon in circumstances where the Court of Appeal was about to hear a case.

"The Governor-General has concluded that, at this stage, Mr Ellis's case is more appropriately dealt with by the Courts. The Governor-General has not decided Mr Ellis's guilt or innocence.

"This being the case, the Governor-General has also decided that there are some additional issues that may be relevant to the Court of Appeal's deliberations.

"An Order in Council, setting out the grounds on which Mr Ellis's convictions have been referred back to the Appeal Court, is currently being drafted. I want this completed before Mr Ellis's hearing on 31 May 1999. The Order in Council will be published in The New Zealand Gazette in due course ? said Mr Ryall.

The Minister said he would not comment further as the case is now before the Courts, and much of the material is subject to legal professional privilege.