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Topic # 166150 4-Mar-2015 11:09
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I see another person has been released on appeal after 20 or so years in prison.

It will be very interesting to see how the government handle this one in terms of compensation as compared to a certain other case they are busy avoiding reaching any decision on!





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  Reply # 1250882 4-Mar-2015 11:24
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The answer is quite simple for all.....if you believe in our justice system (which we must) what follows should just be matter of course, especially if you are in a cabinet position or part of the media. When several courts reach the decisions they have then we must trust their decisions and maybe assume they are more knowledgeable than us, or indeed are in position of ALL the facts.

We are fortunate to live in a country where our justice system is not corrupt or biased. You may like to compare with the journalists held in Egypt for so long and whether or not they will seek compensation! 

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  Reply # 1250884 4-Mar-2015 11:25
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No Peter Reader?

"Here we go..."




Always be yourself, unless you can be Batman, then always be the Batman



 
 
 
 


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  Reply # 1250887 4-Mar-2015 11:29
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I didn't think the decision making was finished, I thought there was going to a direction from afar as to whether there should be a retrial




Mike
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Using empathy takes no energy and can gain so much. Try it.

 

 


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  Reply # 1250888 4-Mar-2015 11:29
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he was assessed to have a mental age of a "5 to 9 year old", hence everything he confessed to was questionable as he has no logic or short term memory.

that's fair.

does not mean he didn't commit any crime, just that his culpability deemed from the trials in the past are revoked




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  Reply # 1250890 4-Mar-2015 11:30
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please don't retry him! waste of time and money! already served 20 years!




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  Reply # 1250892 4-Mar-2015 11:30
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mattbush: We are fortunate to live in a country where our justice system is not corrupt or biased. You may like to compare with the journalists held in Egypt for so long and whether or not they will seek compensation! 


Are you sure about that? Ask Arthur Allan Thomas if the justice system in this country is corrupt...granted that was a long time ago but it proves that NZ is not immune to it.

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  Reply # 1250894 4-Mar-2015 11:31
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there's no 100% corruption free. and nothing's ever 100% fair either. that's life.




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  Reply # 1250896 4-Mar-2015 11:33
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there is a big difference between corruption and making mistakes




Mike
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Using empathy takes no energy and can gain so much. Try it.

 

 


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  Reply # 1250897 4-Mar-2015 11:35
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There's also another one in the media (Michael October from Chch) in a similar situation. Both these men confessed to rapes/murders that they later claimed they didn't do.

Moral of the story? Don't confess if you didn't DO IT.




Whatifthespacekeyhadneverbeeninvented?


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  Reply # 1250904 4-Mar-2015 11:40
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umm ... they don't asked you: do you confess?

it's probably like
locked in a dark room for couple of days. no mcdonalds and lollies. growling burly man with smelly breath spitting all over your face. sign this and you can go and get some chips. 
OK :D

[note: mental age of 5-9]




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  Reply # 1250935 4-Mar-2015 12:13
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The problem is that it is currently a political process. If the govt makes an unpopular (with supporters) 'yes' decision then they will be concerned about electoral results of that.

There should be some independent yes/no criteria for compensation and a judicial panel to assess that criteria has been met or not.


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  Reply # 1250946 4-Mar-2015 12:25
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Geektastic: I see another person has been released on appeal after 20 or so years in prison.

It will be very interesting to see how the government handle this one in terms of compensation as compared to a certain other case they are busy avoiding reaching any decision on!


There's been no indication that he or his representatives will be asking for compensation.  The Privy Council has also said 

The Privy Council's judgement makes it clear that police exerted no pressure on Pora to confess and "were fastidiously correct in their treatment of him. The natural inclination therefore is to assume his confession must be true".


The Privy Council has also not found Pora innocent, or said he was not present at the crime.  It's reasonable to assume that he too would be eligible for compensation if he can prove his innocence.

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  Reply # 1250966 4-Mar-2015 12:53
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scuwp: No Peter Reader?

"Here we go..."


Ha ha, even old tin balls is staying out of this one.

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  Reply # 1251001 4-Mar-2015 13:27
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From memory there was quite a difference when you are let out because someone else did it and it's clear you were wrongfully imprisoned, vs being let out but the actual events still not being proved.

Man that writing makes close to no sense reading that back, but it's that after lunch downer time, so please excuse me.

Basically if the guy who dunnit confesses, or developments in testing or new evidence proves someone else did it, then you were wrongfully imprisoned and up for compensation.
If a higher court finds something wasn't quite right with your case, there actually was reasonable doubt and lets you out, but we're left with still no conclusive understanding of who was guilty then you're not eligible for compensation as no one has actually done anything wrong.  It just sucks to be you scenario.

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  Reply # 1251011 4-Mar-2015 13:40
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It appears to me that Pora easily qualifies on the basis of official criteria (a&b).

I think it will be straightforward for Pora aside from deciding the amount.

Regardless of the legal process the Bain case is still a did he/didn't he for much of the public and hence a political football etc.

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