'Untruthful evidence' in Bain case - police
Another twist has emerged in one of New Zealand's most well-known murder cases.
ONE News can tonight reveal that police believe a defence witness in the David Bain retrial gave "untruthful evidence".
But police will not be taking action against photocopier salesman Daryl Young who gave evidence in the 2009 trial.
Bain was found not guilty of murdering his father, mother, two sisters and brother in a case that has captivated the country for more than 15 years and which has been the subject of huge controversy.
Now more controversy has been added with a letter released to ONE News about Young's evidence.
Young was a late witness in Bain's defence and told of his dealings with David's father, Robin Bain.
In court Young said: "I smelled alcohol and that's why I thought he wasn't at school".
Last year, documentary maker Bryan Bruce challenged the testimony, going as far as to ask police to investigate Young's entire evidence.
The reply came in a letter 10 months later when Detective Senior Sergeant David Harvey said: "I have concluded that untruthful evidence was given by Young. The investigation was referred for legal advice as to whether there was sufficient evidence to support a prosecution for perjury. It was determined that no criminal charges would follow."
However, Young's lawyers have told ONE News that the letter "contains a completely gratuitous and totally unfounded allegation relating to Mr Young".
They say "not only is the allegation completely unfounded, but it's contrary to the Crown's own evidence."
David Bain's defence also rejects the police findings, calling them unadulterated rubbish.
But both Bryan Bruce and Robin Bain's brother are questioning why no perjury charges are pending. Neither police nor Crown lawyers would appear on camera for the story, and police will not elaborate on why they are not prosecuting.
They said the investigation remains open should any further evidence come to light.
However that does not satisfy Young, whose lawyers have told ONE News they have made a complaint about the police conclusions to the Police Commissioner and the Independent Police Conduct Authority.
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nina_s (95 ) 6:41 pm, Mon 30 May #32239
Suddenly we have a vague description of 'untruthful evidence,' from which 'no criminal charges will follow,' Bryan Bruce and Robin Bains' brother are questioning (presumably each other) as to 'why no perjury charges are pending.' Though of course 'police will not elaborate on why they are not prosecuting' despite the fact that the investigation 'remains open should any further evidence come to light.'
But of course the disclaimer is at the outset 'police believe a defence witness in the David Bain retrial gave untruthful evidence' doesn't reveal why the police 'believe' something they can't prove. That was evidenced in the Bain prosecution so is nothing new, the police believing something they can't prove.
There are deliberate and clumsy signs here of propaganda and persecution. Are the public suddenly to believe that complaints to the Police are generally expected to be upheld but not prosecuted, or that the Police believe something of which they do not have proof able to be tested by the Courts? I wonder why Bryan Bruce would receive such a letter which compromises the integrity of the Police generally by making a claim Police have not been able to prove. A letter which he 'releases' to news media in an exercise that without proof promotes his apparent credibility using an acknowledgement that there is no proof and all the while stretching the public's imagination that any complainant to the Police will receive a 'report' 10 months later that they (the Police) believe something they can't prove? This Police Officer is out of line, as is the letter in it's 'personal' tone that implies Brown is right not withstanding that there is no sustainable evidence.
The NZ public deserve more than this, to be so lightly regarded in their intelligence of believing something which isn't proven, or indeed could never be brought to Court because the passage of non-existence evidence has now been 'sold' to the public. Also tactically, how distant from explaining how the father had blood and bruises on his hands of which there is real proof and not proof of evidence yet 'come to life.' Vivian Harrison, Arie Smith, Aaron Farmer also 'enjoyed' the belief of those that lay at their doors claims that couldn't be proved, leaving them besieged by claims that don't sustain any credible inquiry.
So for David Bain, Vivian, Arie and Aaron, and now added to the list Daryl Young - who like Vivian was 'convicted' of nothing more than rumour to protect a failed prosecution, a thought now for the same sword which sought to strike them down, not with truth but with lies - also a time for NZers to expect more and the sword to fall back upon those that 'believe' without proof, but make their allegations anyway.
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