3 Sep 2020

Supreme Court to continue Ellis appeal after his death

From Morning Report, 7:46 am on 3 September 2020

A Supreme Court decision allowing a continuing appeal for a person who has died has set the legal world alight. The court has granted the appeal of child sex offender Peter Ellis despite his death.

The appeal process usually ends if the appellant dies, but in a landmark case, the counsel for Ellis, Natalie Coates, argued it should continue on tikanga grounds. She said that both Maori and Pakeha have mana in death and if the appeal was successful, it would affect Ellis' mana and that of his whanau.

The Supreme Court will not provide its reasoning until after the appeal is heard.

But the decision to go ahead is precedent setting. Khylee Quince is an associate professor of law at AUT.

She speaks to Corin Dann.