Family members and supporters of the late Peter Ellis were emotional as the Supreme Court quashed all his convictions of child sex abuse this afternoon.
But the parents of children in the case said they were "shocked and saddened" by the court's decision.
Ellis was at the heart of one of New Zealand’s most controversial and divisive legal sagas, centring on accusations of child sex abuse at the Christchurch civic creche where he worked in the early 1990s.
Before he died of cancer in 2019 at the age of 61, Peter Ellis filed one last ditch attempt to overturn his convictions in the Supreme Court. In a highly unusual move, the Supreme Court allowed the appeal to go ahead posthumously.
Ellis' brother Mark told media the judgement was "a long time coming" and wished his brother could be there to hear the decision.
"It's what he deserved, not us so much. It was he and mum who were the staunch party in the whole thing and always stood strong under quite trying circumstances that he had. He was always so positive.
"It just seems a bit of an anti-climax. I wish they'd fixed it sooner.
"We're just so proud of him, proud of the person he was."
Ellis' lawyer Rob Harrison said the result was "a massive deal" for all involved and for the law itself.
"Thirty years is a long time, a very long time.
"Thirty years ago the area the Court is talking about was very much in its infancy and there wasn't a great deal of material to work with... So those things do create a miscarriage [of justice]."
Harrison said Ellis was a victim of the times "for a number of reasons" and said he had continued to fight for justice right up until his death.
'Victims ignored'
However, the parents of the children allegedly abused said in a statement today they were "shocked and saddened by the Court's decision".
"We as parents would like 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. We also want to acknowledge the Court’s recognition of the high levels of additional stress that has been occasioned by the hearing of this appeal.
"Having said that, in quashing the convictions, we believe the Court has favoured a convicted criminal, and ignored the victims.
"They have not been allowed a voice in this 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 Supreme Court said its judgement was not to be read as a criticism of the parents. The judges acknowledged the “impossible position” parents were in and the difficulty they faced not to ask their children questions or discuss the case with other parents.
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