29 Sep 2023

Telling the Story of Peter Ellis and the Christchurch Civic Creche Case

From Conviction, 5:00 am on 29 September 2023

The first time I met Peter Ellis in person was on the 25th of January 2019. I know this because I found a photo from outside the Paris café in Amberley with the date on it. 

Peter Ellis, sitting at a cafe with a napkin on his head

Peter Ellis Photo: Alexander Behse

Listen to the podcast Conviction: The Christchurch Civic Creche Case

Peter’s close friend Stephen Ferguson was my conduit for meeting Peter and he became dear to me too over the years making this podcast. The two met while Peter was in prison. Back then Stephen was the prison chaplain and they bonded.  

I was first introduced to Stephen by Lynley Hood, author of the book on The Civic Creche Case A City Possessed, and eventually, I got to meet Peter in the back of the cafe. I knew he had been diagnosed with cancer. 

We sat in the courtyard and I remember that Peter was hard to hear; too many kids were playing while the parents enjoyed their coffee. From memory Peter didn’t drink coffee; I think he was a hot chocolate kind of guy. He certainly had a sweet tooth and ordered a chocolate slice.  

Dunedin writer Lynley Hood

Dunedin writer Lynley Hood Photo: PETER MCINTOSH / Otago Daily Times

With me that day was Lynley and friend and fellow filmmaker Annie Goldson. We talked with Peter and Stephen about making a podcast. Peter was hesitant, totally sceptical about the media and me I suppose. “I don't need any more of my face anywhere thank you, not happening," he said. 

He didn’t want to be the centre of the story, he wanted that to be his supporters, people who spent countless hours in his defence. “I want to see people like Winston thanked for all their time and I'd like to see an obit for people like Jan Buckingham and those people that have died waiting in the trenches … that actually put their time in.” 

Eventually, the conversation moved to his then-legal bid to the Supreme Court, which appeared slow and not progressing. Peter seemed to be fed up and was ready to throw in the towel.  

“I mean, I've been basically in the passenger seat for this 27-year ride and as I said, it doesn't really matter what goes on, I've just gone where the cars got driven. But I would like to see those people acknowledged. I don't give a rat's ass anymore. Story of my life, 27 years, I've hated it.” 

Listening back to the meeting, there was a lot of talking from us; a lot about myself not being around at the time. Eventually, the meeting ended with nothing decided except an “I will think about it” from Peter.  

Stephen gave Peter a lift back to his small house at Leithfield Beach. We left to head back to Auckland.  

Peter Ellis' home in Leithfield Beach

Peter’s home in Leithfield Beach Photo: Alexander Behse

A few weeks and months went by. Behind the scenes were a fair amount of calls between Stephen and me. Stephen saw the value in the podcast and was trying his best to convince Peter to take part.

Nine months later, in September, Peter agreed to meet with me again. This time we caught up in a motel in Amberley. Peter thought it was funny that I had a receipt for an hour's room rental. In tow again were Lynley and Annie. We talked about his time in prison, then the conversation moved again to his somewhat stalled legal bid. Nothing had progressed. Peter was still very frustrated.  

And this led us to talk about Rob Harrison and whether he would be up to taking the case on again - nearly 30 years after his first go at it in the High Court at Christchurch. A decision was made to call Rob then and there. He was keen and agreed to take it on. Again. Nice full loop, I thought. 

Lawyer for Peter Ellis; Rob Harrison

Rob Harrison Photo: RNZ / Angus Dreaver

In mid-May 2019, Stephen finally cracked it and managed to convince Peter to sit down with me and talk about this case, which tipped his life upside down.  

Peter’s health had been rapidly deteriorating after this interview and he had been told by his doctor that there was not much time left for him on this earth. So perhaps that was the trigger to finally allow me into his world.  

Listen to the podcast Conviction: The Christchurch Civic Creche Case

Stephen picked me up from Christchurch and dropped me off at Peter’s small place.

Peter lived surrounded by knick knacks, his style eclectic.

Every surface in Peter’s home was covered with knick-knacks Photo: Alexander Behse

Peter’s place was to my mind cluttered. But it screamed with creativity and it was his happy place.  

I sat on his two-seater couch, with three toy rabbits next to me which I wasn’t allowed to move, and started recording. We talked for close to 10 hours over the next two days but that was often interrupted by moments of Peter needing to take a breather as he was in too much pain.  

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

Peter Ellis’ rabbits were not to be moved. Photo: Alexander Behse

Overall I mainly listened to the odd questions out of curiosity or striving to understand the human costs of this case. Maybe that is what he came to like about me, my non-judgemental approach.  

Following that weekend together, we exchanged phone numbers, trust was established and I received a legal letter granting me full access to his legal files and with that, permission to dig further. 

I remember Stephen one day saying on a drive somewhere that I should have become a chaplain, that I was gifted in listening. That calling is not for me, but I thought that was a nice compliment. 

A text from Peter Ellis to Alexander Behse

A text from Peter Ellis to Alexander Behse Photo: Alexander Behse

Over the next couple of years, as I made this series, I continued interviews with other people who worked at the creche. Some had not really spoken before. 

I would ask if they had diaries or photographs from the time, any way to allow me to take audiences back in time. Not many had kept anything, but what four of them had were letters Peter had sent them from prison. And they are eye-catching with Peter’s artful drawings.  

These letters also give an amazing insight into Peter’s mental state and thinking. It is fair to say he had great concern, compassion and care for all parties involved. He worried about the injustice for all involved - both sides of the case. The children, other creche staff members, his mother, partner, parents and finally himself.  

Peter mostly had a positive style in his writing; he would poke fun and be provocative but always remain true to his personality. He worried about others before himself - he was anxious about his beloved animals and the pressure they might have been causing his dear friends who had offered to take care of them. He rarely complained about prison life - nearly always finding something positive or amusing. Peter enjoyed writing and receiving letters and would badger those who had gone for longer than a week without writing.  

To me, through these letters, Peter displayed an incredible sense of character - honesty, courage, integrity, fairness and caring. Here is an example of his writings.  

"Out on a Limb" written 1 November 1993. 

Can you see any silver linings in this mess, like do you feel a stronger person, more rounded, understand the law better, like lawyers more, feel more respect for the police than  you ever had!!!  I do try and find positive things and I suppose I have true friends for one thing.  The funny thing is if I had done something else for my community service, I wouldn’t have met any of you.  Sometimes for all your sakes I wished I had, as no doubt it has crossed all your minds.   

Yes it is great to hear about the support out there, funnily enough there is probably as many the other way.  Have you lot been getting any more abuse, phone, letter or in public?  There seem to be a good amount of sound minded people on our side…, hopefully they might carry some weight at the right stage. 

Not a month after I interviewed Peter, over that weekend, his health took a serious turn. His pain became too much to manage at home and he was transferred to the Wesley Care hospice in ChristchurchStephen was again instrumental in helping Peter accept the need to go there.  

Peter Ellis

Peter Ellis shortly before his death in 2019 Photo: YouTube screenshot

I visited Peter there too.  A lot of the decorations he had in his place at Leithfield  Beach had made their way to his 2-bedroom unit. Peter and I would update each other on the status of the by-now ongoing Supreme Court case and he would make fun of me for putting on weight. We watched TV together and he took me through his favourite songs, making fun of me this time for not knowing Dolores Keane, Emmylou Harris, Linda Ronstadt, Dolly Parton. Well, Dolly, I had heard of but I couldn’t name a song. When Peter turned the music up for Barcelona sung by Freddie Mercury and operatic soprano Montserrat Caballé, we finally found a song I knew.  

I think I met Peter three times at the hospice. On 4 September I got a WhatsApp message from Stephen telling me that Peter passed peacefully. 

Alex receives word of Peter Ellis' death

Alex receives word of Peter Ellis' death Photo: Alexander Behse

After Peter’s passing, I caught up with his sister, Tania. She passed me a box of documents, videotapes and other things the family thought I should have.  

Amongst it, I found a letter dated 14 July 2011. 

It was addressed to the oldest child to give evidence against Peter Ellis, the child who recanted during his first appeal. I wondered why Peter hadn’t sent it. So, I set out to deliver it myself. 

I tracked down the child’s mother and in an email she wrote: “I recall speaking with Peter and arranging for the letter to come to our address, I would then pass it onto [my daughter]. He may have sent it to her … but neither of us received anything from Peter.”  

So with that, I delivered the letter. A decade after Peter penned it. It is one of my highlights of working on this podcast that I was able to share Peter’s letter with that family.  

I’ll give you a sense of what he wrote with these extracts.   

Dear xxxxx.  

I had thought of starting with dear “Sausage”, but as you are 28, perhaps not appropriate, however I hope it gives you a small smile.  

Where to begin such as a letter, I thought with parents. For me, I have had the blessing of my mother (and family) who stood by me for the past 20 years (yes, 20 years !!!). You quite clearly also have a mother and father who love you very much and have you in the utmost of their thoughts and want only the best for you. 

Your mother's phone call to me was heartfelt in her request, yet for me there was no question of blame, anger or even hatred. You did no wrong.  

...... 

You showed that courage over and over, with your letter, your continued conviction to stand by what you know is right, and even now with your career choice and where you now live.  

...... 

A worldwide event overtook us, xxxx and any blame for the Civic Creche Case and what happened to you, me and my fellow creche workers (and families) remain predominantly on the shoulders of Colin Eade. That he was allowed to do what he did, assisted by Dr. Karen Zelas, Sue Morgen etc. is inexcusable and I am sorry that you have born a large part of this.  

xxxx, you were a child and this should have never been allowed to happen!!!  

….. 

Kind thoughts always xxxx. Peter. 

 

The girl’s mother emailed her thanks and this response: 

“It was very powerful. Peter was a good and honourable man.”

While that was a highlight, one of the biggest regrets is that I did not talk to mother and daughter, nor have the opportunity to listen to any other complainant children. But I am glad they did talk to Melanie Reid for her podcast series and in that way, I got to listen to them. 

All I set out to do was to understand the pain everyone went through. That was my motivation and from that to make sure that if people, god forbid, get caught up in these kinds of stories, that they should to take a breather, slow down in their actions and hopefully prevent these ‘storms’ from happening.

Headshot of Filmmaker and Podcast creator Alexander Behse

Alexander Behse, producer and host of the podcast Conviction: The Christchurch Civic Creche Case Photo: Alexander Behse

 

The logo of Nga Taonga Sound and Vision a service providing archival material. The logo ressembles an eye.