Conviction - trailer (COPY) (COPY) (COPY) (COPY)

North & South magazine, November 2015, illustrated by Henrietta Harris. Courtesy North & South magazine.

North & South magazine, November 2015, illustrated by Henrietta Harris. Courtesy North & South magazine.

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In the early 1990’s Aotearoa’s garden city Christchurch was torn apart by accusations of child sexual abuse at a creche owned by the City Council. 

The story begins when a four year old boy makes the comment “I don’t like Peter’s black penis”.

This comment would propel 30-year-old childcare worker Peter Ellis into a nightmare which saw him spend seven years in prison for crimes he says he did not commit.

Yet the children and families who accused Ellis remain convinced of his guilt that the results of his actions will be with them forever.

In this 12-part podcast series, hosted by Alexander Behse and Ali Jones and released from September 29, you’ll hear stories never told before, from people who have never spoken out before.

It’s the result of a five-year investigation that includes interviews with dozens of the key players and lays bare the events – here and overseas – that changed their lives.

Follow and listen to Conviction: The Christchurch Civic Creche case below, on Apple Podcasts, Spotify, iHeart or wherever you get your podcasts.

Episode 1 - Peter's Black Penis

Who was Peter Ellis, the childcare worker at the centre of the accusations and how did he come to work there? To set the scene, we meet people with many different connections to what was to become the most notorious child sexual abuse case in this country’s history. 

 Creche staff in 1986 inside a private photo album

Peter was living in a small weatherboard cottage at Leithfield Beach. A wood fire warmed up his small, probably 2-bedroom, home. He had lots of animals inside and out and decorated his space in his own way. 

Peter’s home was a riot of colour outside too, thanks to his flowering garden.

Peter’s home was a riot of colour outside too, thanks to his flowering garden.

Peter’s home was a riot of colour outside too, thanks to his flowering garden.

Peter lived surrounded by knick knacks, his style eclectic.

Peter lived surrounded by knick knacks, his style eclectic.

Peter lived surrounded by knick knacks, his style eclectic.

Bunches of fake flowers add more colour to Peter’s already colourful living space.

Bunches of fake flowers add more colour to Peter’s already colourful living space.

Bunches of fake flowers add more colour to Peter’s already colourful living space.

A clown hangs from the ceiling in Peter Ellis’s living room

A clown hangs from the ceiling in Peter Ellis’s living room

A clown hangs from the ceiling in Peter Ellis’s living room

The lime green walls in Peter’s home were covered in artwork.

The lime green walls in Peter’s home were covered in artwork.

The lime green walls in Peter’s home were covered in artwork.

A book shelf in Peter’s lounge holds a stereo and untold ornaments

A book shelf in Peter’s lounge holds a stereo and untold ornaments

A book shelf in Peter’s lounge holds a stereo and untold ornaments

Peter’s love of animals was reflected in his decor. Soft animal toys and cushions with animal pictures abound.

Peter’s love of animals was reflected in his decor. Soft animal toys and cushions with animal pictures abound.

Peter’s love of animals was reflected in his decor. Soft animal toys and cushions with animal pictures abound.

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Peter’s home was a riot of colour outside too, thanks to his flowering garden.

Peter’s home was a riot of colour outside too, thanks to his flowering garden.

Peter’s home was a riot of colour outside too, thanks to his flowering garden.

Peter lived surrounded by knick knacks, his style eclectic.

Peter lived surrounded by knick knacks, his style eclectic.

Peter lived surrounded by knick knacks, his style eclectic.

Bunches of fake flowers add more colour to Peter’s already colourful living space.

Bunches of fake flowers add more colour to Peter’s already colourful living space.

Bunches of fake flowers add more colour to Peter’s already colourful living space.

A clown hangs from the ceiling in Peter Ellis’s living room

A clown hangs from the ceiling in Peter Ellis’s living room

A clown hangs from the ceiling in Peter Ellis’s living room

The lime green walls in Peter’s home were covered in artwork.

The lime green walls in Peter’s home were covered in artwork.

The lime green walls in Peter’s home were covered in artwork.

A book shelf in Peter’s lounge holds a stereo and untold ornaments

A book shelf in Peter’s lounge holds a stereo and untold ornaments

A book shelf in Peter’s lounge holds a stereo and untold ornaments

Peter’s love of animals was reflected in his decor. Soft animal toys and cushions with animal pictures abound.

Peter’s love of animals was reflected in his decor. Soft animal toys and cushions with animal pictures abound.

Peter’s love of animals was reflected in his decor. Soft animal toys and cushions with animal pictures abound.

Episode 2 - Poo Sticks

A child’s comment to his parents that he doesn’t like ‘Peter’s black penis’ leads to Ellis being suspended by his shocked supervisor and sets off the first depth charge beneath the creche community: we hear the impact on the creche families, teachers and Ellis; the police investigation begins and we learn about the growing global panic about child abuse.

An external view of the Christchurch Arts Centre which housed the creche

Episode 3 - The Perfect Storm

The accusations against Peter Ellis mirror similar cases in the US and Australia, rumours of ritual satanic abuse emerge, and a rising tide of moral panic swirls around the creche. Police step up investigations after a second child speaks up, while Ellis is left withdrawn, stunned and now unemployed.

 In circulation around the time, pages of Pamela Hudson’s book “Ritual Child Abuse: Discovery, Diagnosis and Treatment”

Episode 4 - Money Talks

The day Peter turns 34 police search his house and he’s arrested. Rumours of paedophilia are front page news. Creche parents take sides and as child abuse experts start interviewing the children and advising the parents, more allegations arise.

Peter Ellis is arrested and the case hits the headlines

Episode 5 - Total Recall

Who to believe? As creche children are interviewed, more distressing allegations of abuse some to light. Some however are fantastical stories. So what exactly are the children saying? Are the interviews reliable? And can we rely on the memories of mostly pre-school children?

Peter Ellis painting faces at the Christchurch Civic Creche. The children's faces have been blurred.

Episode 6 - Spikehead, Stupidhead & Boulderhead

By October 1992, 119 children have been interviewed and some allegations extend to murder. We look at some of the more extreme claims and ask if they are fantasy or fact and where they might have come from. Meanwhile, the other creche staff are shocked to learn they too are under suspicion and a new report turns their lives upside down.

Peter Ellis with two children at the Christchurch Civic Creche. Children's faces are blurred

Episode 7 - The Women

Four female creche workers are arrested in a series of police raids on their homes. The police are extending their investigation and it’s not just Ellis in their sights, as both he and the women prepare for court.

Newspaper article and image of the four female creche workers accused of abusing children at the Christchurch Civic Creche

Episode 8 - 11 Long Weeks

As the divisions in the community intensify one year on from those first allegations, the preliminary court hearing against Peter Ellis and the four women begins. Together they face 60 charges of sexual offending against 20 children. 

Various headlines from the day found in private newspaper clipping collections.

Episode 9 - Twists

Peter Ellis’s friends help him scrub up his image and the trial begins before a conservative Catholic judge, a potentially compromised jury and with a young defence lawyer working under a weight of grief and out of his depth. And the children get their day in court

Document for the start of the High Court trial of Peter Ellis.

Episode 10 - Turns

The trial grinds on, loyalties are tested, exhaustion sets in. We explore the evidence given by experts, police and staff, hear the cross-examinations and ask if they got it wrong. The creche layout, contamination by parents and interviewers, the lack of physical evidence all come into play and the defence team decides if Ellis will take the stand. Then, the verdict.

A sketch of the judge drawn during the High Court trial of Peter Ellis.

Episode 11 - 2,416 Days

Peter Ellis is found guilty of 16 counts of abuse in relation to 7 children.  As he begins his 10 year sentence the shock of prison life is profound. But there’s help and support from surprising quarters. Then, after 15 months, a child retracts her evidence and Ellis and his lawyers plan an appeal.

A drawing of a cat crying done by Peter Ellis, from a letter sent while he was in prison.

During his time in prison, Peter Ellis was a prolific letter writer. His correspondence was funny and provocative and sometimes bittersweet. 

He was keen to hear news of the outside world, particularly about his animals who had been farmed out to friends to look after. 

Peter enjoyed writing and receiving letters and would badger those who had gone without writing for longer than a week. 

But one of the outstanding parts of his letters was the way he decorated them. Most were covered with beautiful drawings, some of which are displayed below.

A cartoon of puppies in a basket filled with Christmas presents decorates a letter sent during Peter’s first Christmas in prison.

A cartoon of puppies in a basket filled with Christmas presents decorates a letter sent during Peter’s first Christmas in prison.

A cartoon of puppies in a basket filled with Christmas presents decorates a letter sent during Peter’s first Christmas in prison.

Bright flowers surround a cartoon brown mouse

Bright flowers surround a cartoon brown mouse

Bright flowers surround a cartoon brown mouse

A self-portrait of Peter Ellis

A self-portrait of Peter Ellis

A self-portrait of Peter Ellis

A cartoon woman with wings and a caterpillar tail in front of a detailed night sky

A cartoon woman with wings and a caterpillar tail in front of a detailed night sky

A cartoon woman with wings and a caterpillar tail in front of a detailed night sky

A brightly coloured bird sits in half an egg-shell surrounded by hearts and musical notes.

A brightly coloured bird sits in half an egg-shell surrounded by hearts and musical notes.

A brightly coloured bird sits in half an egg-shell surrounded by hearts and musical notes.

A cartoon mouse in a nightshirt surrounded by candles is juxtaposed against the words “Desolate: Laid waste; afflicted; forlorn; to make desert; to ravage.

A cartoon mouse in a nightshirt surrounded by candles is juxtaposed against the words “Desolate: Laid waste; afflicted; forlorn; to make desert; to ravage.

A cartoon mouse in a nightshirt surrounded by candles is juxtaposed against the words “Desolate: Laid waste; afflicted; forlorn; to make desert; to ravage.

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A cartoon of puppies in a basket filled with Christmas presents decorates a letter sent during Peter’s first Christmas in prison.

A cartoon of puppies in a basket filled with Christmas presents decorates a letter sent during Peter’s first Christmas in prison.

A cartoon of puppies in a basket filled with Christmas presents decorates a letter sent during Peter’s first Christmas in prison.

Bright flowers surround a cartoon brown mouse

Bright flowers surround a cartoon brown mouse

Bright flowers surround a cartoon brown mouse

A self-portrait of Peter Ellis

A self-portrait of Peter Ellis

A self-portrait of Peter Ellis

A cartoon woman with wings and a caterpillar tail in front of a detailed night sky

A cartoon woman with wings and a caterpillar tail in front of a detailed night sky

A cartoon woman with wings and a caterpillar tail in front of a detailed night sky

A brightly coloured bird sits in half an egg-shell surrounded by hearts and musical notes.

A brightly coloured bird sits in half an egg-shell surrounded by hearts and musical notes.

A brightly coloured bird sits in half an egg-shell surrounded by hearts and musical notes.

A cartoon mouse in a nightshirt surrounded by candles is juxtaposed against the words “Desolate: Laid waste; afflicted; forlorn; to make desert; to ravage.

A cartoon mouse in a nightshirt surrounded by candles is juxtaposed against the words “Desolate: Laid waste; afflicted; forlorn; to make desert; to ravage.

A cartoon mouse in a nightshirt surrounded by candles is juxtaposed against the words “Desolate: Laid waste; afflicted; forlorn; to make desert; to ravage.

Episode 12 - Legacy

We’ll never know for sure what happened when Peter Ellis worked at the Christchurch Civic Creche or what happened to the child who attended. But over 30 years people’s lives have been changed forever. Key players in the case share their stories and, in the months and days before his death, Ellis reflects on the events that shadowed his life.

Peter Ellis looks into the camera

Read more from Conviction

Timeline - Conviction

Prior to the Christchurch Civic Creche case

1973 - the Dean Corll case, first modern investigation into child pornography

1980 - ‘Michelle Remembers’ is released

1982 - McMartin Preschool case - runs for 11 years (through to 1992)

September 1991 - Family Violence conference held in Christchurch with workshops on Satanic Ritual Abuse.

1985 - Kelly Michaels’ case begins

Christchurch Civic Creche case

1991

20 November - First complaint laid

21 November - Peter Ellis is suspended

2 December - First meeting for creche parents

20 December - Creche investigation closed

1992

23 January - Peter Ellis is dismissed from the creche

30 January - Mandy makes her complaint - the first official disclosure

19 February - Police investigation is re-opened

27 February - First formal disclosure resulting in a conviction

30 March - Peter Ellis is arrested

31 March - Knox Hall meeting + Peter Ellis makes first court appearance

From January - October more than 110 children are interviewed, some multiple times

6 August - Formal disclosure of the circle incident

12 August - Phase II of the police investigation launched - the women are investigated

28 August - Dr Zelas writes to DS John Ell with concerns about parental contamination

3 September - Creche closed

1 October - Gaye Davidson, Marie Keys, Janice Buckingham and Debbie Gillespie are arrested

2 November - Depositions begins. The five defendants charged with 60 counts relating to 20 children. Peter Ellis is facing 45.

8 November - Peter Ellis is assaulted during the depositions

1993

11 February - Depositions ends - all five defendants are sent to trial

5 March - Gillespie discharged

6 April - Davidson, Keys and Buckingham discharged

26 April - Peter Ellis HC trial begins - charged with 28 counts against 13 children.

5 June - Ellis trial ends - he is found guilty of 16 counts in relation to 7 children.

22 June - Ellis sentenced to 10 years in prison

July - Government rejects calls for a commission of inquiry

15 December - Women’s applications for costs is denied

1994

25-28 July - First Ellis appeal begins again (Panckhurst)

  • A child retracts her allegations. 

5 August - First appeal ends. 

8 September - Judgement delivered. Convictions relating to retracting child are quashed. All others stand.

1995 

22 February - Application for legal aid to Privy Council

27 Feb - 8 March - Creche staff employment case

15 March - Privy Council application denied

16 March - Creche staff interim judgement

7 April - Creche staff supplementary judgement

8 June - Government rejects 2nd calls for commission of inquiry

1996

21-22 August - Creche staff employment court appeal

26 September - Appeal verdicts

1997

2 December - Petition for prerogative of mercy (Abblett-Kerr)

1998

February - Ellis refuses and is refused parole

4 May - Ellis case referred to Court of Appeal 

18 November - 2nd petition for prerogative of mercy

1999

January - 2nd petition referred to Sir Thomas Thorp

February - Ellis refuses and is refused parole

13 May - Ellis case referred to Court of Appeal

5-9 July - Second Ellis appeal

14 October - Second appeal judgement delivered

18 October - 3rd Ellis prerogative of mercy

2000

2 February - Ellis completes sentence and is released from jail

10 March - Eichelbaum inquiry established

2001

13 March - Eichelbaum Report released and as a result govt. rejects calls for pardon and commission of inquiry.

2003

June - Petition presented to parliament requesting a Royal Commission of Inquiry.

2005

A report is tabled which does not recommend a Royal Commission of Inquiry.

2019

25 July - Ellis applies for leave to appeal to Supreme Court

31 July - Ellis granted right to appeal to the Supreme Court

4 September - Peter Ellis dies, aged 61

14 November - Hearing to decide whether appeal should continue. SC takes written submissions on whether appeal should continue on tīkanga grounds.

2020

25 June - Hearing into whether appeal should continue on tīkanga grounds

2 September - Supreme Court allows appeal to continue

2021

4 October - Supreme Court hearing begins

2022

7 October - Supreme Court quashes Peter Ellis convictions

Credits

Alexander Behse - Host and Executive Producer

Ali Jones - Host

Tim Watkin - Executive Producer, RNZ Podcasts & Series

Liz Garton - Producer, RNZ Podcasts & Series

Aliki Tsiantoulas - Writer

Blair Stagpoole - Audio Engineer

Rangi Powick - Audio Engineer

RNZ - Webpage Design

ACKNOWLEDGEMENTS

Key Art draws inspiration from the cover page of North & South magazine, November 2015, illustrated by Henrietta Harris. Courtesy North & South magazine.

Thanks to Ngā Taonga Sound and Vision for help with some of the archival audio, as well as Mediaworks/Discovery; GettyImages/TVNZ and the LIVINGSTONE FAMILY TRUST.

A big thanks also goes out to Lynley Hood, Melanie Reid, Martin van Beynan, Alan Sampson and Ross Francis for their persistent work over the decades. And to everyone who spoke on and off the record, from the colleagues at the creche, the academics, lawyers, creche staff and families. In actual fact, anyone who assisted us in whatever shape and form.

A special thanks to Peter's extended family, Stephen, Winston & Roger, John, Rob, Annie, Philippa, and Jane.