Monday, February 6, 2012

Justice Binnie keeps his gunpowder dry.

I recall the evening the 5 not guilty verdicts were found in the Bain case. My best description is that I was just left cold, a measure of excitement to some degree because 'I'd had my say' publicly about the case. Reached a conclusion from which evidence I knew but also because I'd been unable to accept the case built against David Bain, mostly because it defied common sense in a number of ways - just a few I'll mention here.

Laniet Bain didn't co-operate in her own death by offering David an alibi from years before the murder when she told numerous people including her doctor that her father was molesting her.
David Bain would not have needed to panic on the morning of the murders by 'suddenly' dropping lives cartridge shells about his room.
Nor would he have needed to have been 'seen' on his paper round because the papers were delivered, no one could ever suggest they'd been delivered by anyone but David. He didn't need to be jumping in and out of bushes in order to be seen, or knocking on customer's doors.
His hands were clean and his fathers were battered, bruised and bloody.
That will do, and I don't here begin to mention the 'quality' of the police case or the evidence they hid, in every case unfavourable to David and not the Crown.

Police don't 'build' a case, they collect evidence, piece it together into a narrative, but in the Bain murders they did 'build' a case, by not investigating the real killer; Robin Bain, by not seeing the evidence of murder suicide presented to them in the lounge, instead choosing to ignore forensics, be 'blind and sympathetic' in favour of the poor, devout, man praying in a house of death, not knowing of the dead about him, wearing dirty clothes but no  underwear.

Binnie it seems is clear on all this from the outset, having no doubt transversed the trial evidence, with held evidence, submissions an so forth. In a blow to the hate-sites he will not be considering the dis-credited IPCA report, various favourite books loved by the hate-siters, magazine articles and stupid tv shows. He won't look at the book of Sir James, realising that it is out dated by the evidence, and nothing written that was not able to consider facts which later emerged can be relevant in any critical way. He won't look at the incoherent ramblings of Kent Parker and the twisted sisters, nor accept their 'petition.'

He will of course, as the news tells us, read two of Karam's earlier books. 2 books which most know contained some mistakes but which however, by the test of time, were on the money - David's innocence. I admit having read none of the books in their entirity, having been more interested in the mechanics of Robin's suicide, on whether David was strip searched and forensically tested, whether the father was - or if all potenetial sexual elements to the crimes were investigated.

Having less interest than earlier in the details of the case - because David has won his freedom with the help of Joe Karam, and no doubt many scores of others who have been supporters nearing 2 decades, I'm interested, none the less, in the compensation claim and what might result to the benefit of the NZ Justice system. Binnie is clear minded, not vested with any interest other than the truth and the motivation of those that persecuted David Bain, within and without, the judicial system. Those to me will be the fruits of this exercise, as I already understand that the chances of David not being compensated are low. I feel the persecution that has befallen him by Parker, O Brien, Curran, Williams and co, needs to be evaluated to give a complete picture of the injustice wrought against David Bain. This picture becomes an important one for Justice in NZ into the future, it just might be the one that tips the teetering balance of the Thomas, Watson, Peter Ellis and give a more accessibility to Justice to the wrongly imprisoned.

If any of this speculation is ultimately correct, then Justice Binnie's desire to read  Karam's books won't be a curiosity to learn more about the case than what the evidence shows, but rather an opportunity to 'see' what was abroad in the public consciousness about a case, that will prove to be probably the most unconscionable in NZ history, not fitted for 1, murder even 2 - but indeed 5, while a Justice system sat silent, investigators hid their crimes before willing lawyers.

7 comments:

  1. Load of rubbish.

    David had his brothers blood all over him.

    His pristine positive prints were also found in blood on the rifle, and he admitted no one else knew the location of existance of the spare key used to unlock the trigger lock, but himself.

    He also had injuries consistant with being in a struggle, and I find the likleyhood of him not noticing the blood all over the clothes and jersey he washed that morning hard to believe.

    Infact, theres your smoking gun. The jerseys were hand washed. In prison David had his jerseys laundered by his aunt, as machine washing wollen jerseys shrunk them, this was recorded in Margarets diary, that the jerseys were set aside and hand washed.

    So why did David machine wash the jersey that morning? Must have been trying to hide the blood evidence!

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  2. Actually none of those will be considered in the compensation claim because they're all patently incorrect or have acceptable explanations.

    'Blood all over him' is a complete nonsense. A couple of spots of blood, as would be expected by anyone going into the house that morning, one said to by the scientists to pre-date the morning of the familicide. Fingerprints, not in blood, but some other substance either gun oil or showing the metal colouring of the barrel under poli-light. Those fingerprints were in a 'carry' position and could have been on there for a long time anyway according to even the police 'expert' Jones. No unexplained injuries. Clothing, apart from his own, already in the wash, only sorted his own as was his custom. That jersey was miles too small for David, fitted Robin of course and was most likely Arawas who was smaller like Robin who did wear it at times according to witnesses. David made that truthful admission about the trigger lock, however it was his father in somewhat of a panic that dropped the trigger lock, and many unused shells on the floor which David noticed on his return home. His father, a life time gun user, certainly knew there were always 2 keys to a trigger lock.

    All the imagined, or simply answered 'evidence' will obviously not come into consideration.

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  3. I always wondered if anyone actually believed David Bain was innocent, besides the deluded Karam. You're the first I've seen.

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    1. Glad to see that you're broadening your horizons. In a poll just after the re-trial over 60% of people polled thought David was innocent. Actually it might have been 80%. A jury also obviously decided that he was innocent, so did the Police and Crown because they never appealed the verdict as they did the other unfortunate case brought against George Gwaze.
      All of this despite a concerted hate-campaign which spread lies about the case for years on end, in the end Justice prevailed and I remain confident that Justice Binnie will present a thoughtful analysis of what went wrong that saw an innocent man imprisoned for 13 years.
      I suggest you get professional help with your rehabilitation and just take one small step at a time on your way to good mental health. All the best with that.

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  4. the jury was wrong to find David Bain not guilty

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    Replies
    1. How fascinating for you, do pigs over your way very often?

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    2. Hello is Michael Sharp's book available retail.

      Simon Overall of Paeroa

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