David Bains Convictions Quashed By Privy Council

By tonyhughes Hughes, in , posted: 10-May-2007 21:19

"A substantial miscarraige of justice has actually occurred" and David Bains May 1995 conviction for the murder of his parents and siblings the previous year has been overturned, with the Privy Council ordering a re-trial.



This was David Bains last chance, and long time supporter/advocate Joe Karam has spent a large proportion of his life being Davids workshorse - constantly attempting to have new evidence reviewed, and a re-trial held.

This is big news, and the decision, and resulting trial will be a hot topic for a long time to come.

Bain will remain in custody for now.

Wikipedias David Bain article


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Comment by Grant17, on 10-May-2007 22:47

Fantastic News!!!

It's a pity that David has to remain in custody, but at least he can now see the light at the end of the tunnel.  One can only hope that David gets a better shake of the dice at his retrial.  It would be a perverse jury indeed that convicted him again in the light of the Privy Council's decision.
 
A huge amount of kudos must also go to Joe Karam for fighting the good fight and never giving up, even though it has cost him pretty much all his material possessions and a good chunk of his life as well.


Comment by bradstewart, on 10-May-2007 23:01

"It would be a perverse jury indeed that convicted him again in the light of the Privy Council's decision"

How? The Privy Council never made a statement as to his guilt. They merely said that there were problems with his conviction and original trial. Doesn't make someone innocent.

The NZ courts have all decided on appeal that there was enough evidence prove guilt.


Comment by Grant17, on 10-May-2007 23:14

"The NZ courts have all decided on appeal that there was enough evidence prove guilt."

YES, and those decisions have now been shown to be flawed by the Privy Council.

Given the huge amount of publicity this case has generated, it would be hard to find anyone in the community who doesn't at least have some degree of doubt about the prosecution's evidence.  The Law Lords certainly do...

Will you now find 12 men and women who agree that the evidence shows David's guilt "Beyond Reasonable Doubt"???

I don't think so...


Comment by sbiddle, on 11-May-2007 06:24

I honestly don't have an opinion as to whether he is guilty or not but looking at the evidence you do have to question whether it can be proved beyond reasonable doubt that he did do it.

The sad (and even bigger issue) is that this is probably the last case to go before the Privy Council. NZ is way to small to have an independant system.


Author's note by tonyhughes, on 11-May-2007 07:28

I personally believe that:

He is probably guilty.
His trial/convictions are probably flawed.
He should not be re-tried as he has spent so long in prison anyway, and I doubt he wold re-offend (it was a very personal crime), and the cost of re-trials and appeals would be enourmous.
He should be released on bail now.
A government/police joint inquiry should establish the worthlessness of pursuing a furthe trial againt David Bain.


Comment by Bob Logan, on 11-May-2007 08:34

I have read all about David's trials, Joe Karam's books, I think David should be set free. GOD Bless You All. Bob, 75.


Comment by Jeremy, on 11-May-2007 15:16

To David Bain, I can only say how sorry I am to you for the loss of your family. I am just as sorry for your freedom being taken away from you by the NZ/Dunedin Police and the prosecution team in a biased campaign waged by them against you! NZ can never make it up to you David but we can begin to try ...... Special thanks from me to Joe Karam and David's legal team ..... Thank goodness he at least had them! A full pardon for David Bain, public apology and complete compensation. Then disciplinary action/criminal charges against members of the NZ/Dunedin Police and prosecution team and a public humiliation of Mr Goff! I am disgusted with the NZ Justice system and the NZ/Dunedin Police and the way they have acted up until this decision. They have deliberately dragged their heels over this whole case. From withholding evidence to outright misleading the juries etc. I have read the 1997 James McNeish book and Joe Karam's book plus alot of other information including the Privy Council Judgement which I have just read today. Although I can not know for absolute certainty who killed the Bain family members, I do believe that if I had been on a jury and heard all the evidence, including the evidence the NZ/Dunedin Police withheld/misled etc, there is no way I could have convicted him. I am full of doubt at the very least and it certainly was not reasonable doubt to have him convicted. I am also angry with Phil Goff, Minister of Justice, who I believe did not review this case fully as he was supposed to when it came before him.


Comment by Paula Weir, on 15-May-2007 19:33

I am not sure of David's innocence, but I am sure he was treated extremely poorly by what many New Zealanders have finally come to realise is a very inept and sad judicial system. David should not be retried as the police and Crown doctored evidence, tampered with statements and lied. David will never get his family back, and will always have harsh judmental hypocrites who will not let him move on with a normal life. Having experienced first hand the dishonest and incompetent methods of the police and the Crown, and the terrible destruction they cause when they fail to investigate evidence, alibis and release negative DNA, plus even stoop so low as to use innocent children as pawns to help them justify what they know is a malicious prosecution, I am one hundred percent certain we have many innocent people in jail because of the perversion of justice, and the ability of some people to lie under oath. Well done Joe Karam, many people are strangers at first until they have a love that is sacrificial and outlast even those we thought we knew best.


Comment by Lee Hinkleman, on 28-Feb-2009 13:32

Tony Hughes, only an idiot could have believed David did it, with no motive, and the most preposterous 'plan', as theorized by the prosecution. Robin's alarm in his outside caravan was set for 6:30 am, and David returned home at 6:45 am so, even if David was racing home at 6:40 am, Robin could have been a risky nuisance, inside the house, finding bodies, and a gun. How could David have shot Robin without shooting a hole through Robin's woollen hat? How could anyone have failed to question Hentschel's method of measuring the SOCKS of David and Robin, rather than measuring the lengths of FEET inside those socks? Do you have any idea how stupid that is? And then we've got David leaving, on a chair in his room, an eyeglass frame with no lenses, and the left hand lens, covered in dust, from those frames, which hadn't been used for years, was found in the middle of Stephen's room, 4 1/2 days after the cops had searched, in the middle of Stephen's room. And, at the trial, no one, including the judge, could have seen the lens in the photo, because the photo contained NO LENS. The really scary part is that you, and others like you, presumably are allowed to operate machinery, and spray dangerous chemicals.


Comment by mr mark, on 1-Mar-2010 10:35

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