Sunday, September 23, 2012

Milton Weir: Police speak?

There's no doubt that ex Detective Sergeant Milton Weir was a fiercely loyal police officer before being effectively shoved out the door by police. The study between he and controversial evidence in the Bain case is unique in that in terms of such evidence it is probably he that features the most. The lens being the foremost issue, the 'lost' electronic diary another, along with Mr Sanderson's request to have his statement to be read to the Court corrected, being others.

First of all the following in blue from a correspondent that highlights the cross examination of Weir in respect to the  evidence of Sanderson which got buried and which featured as a supporting beam in the Miscarriage of Justice perpetuated against David Bain.

When you read it there is to me a subtext of language coming across where in fact I think Weir is saying that the evidence wasn't put before the Jury because of a 'stance' of the Crown. The correspondent suggests, rightly that the 'stance' was made by Weir - certainly in the cross examination but I believe it came from some where else. Something which was an instruction to Milton Weir (MW.) I say that because he wasn't in charge. I further say it because the revelation that the glasses were not Davids threw strong doubt on the entire case against David. In fact the Jury asked a question about the glasses in the first trial and we can assume Detective Sergeant Doyle, Weir and others sat back despite knowing that Mr Sanderson had already said that the glasses were not David's but in fact his mothers, and they didn't want the Jury to know that.

The 'stance' to which MW refers and which also the correspondent draws attention to is in fact much larger than the glasses. The stance in my opinion is the mindset, and determination to frame David - the glasses being only one aspect of that. All these aspects of the 'stance' fitted into the MOJ. See here '

 that information was passed on to the Crown and the Crown had a stance in relation to the glasses and that was their stance.

Q.          Well the stance, if that is the case, must have been taken by the Crown prosecutor Mr Wright?

A.           Correct.'

Weir effectively putting the blame at the feet of the Crown Prosecutor. Of course that was after the prosecution began. We've read earlier however of the 'stance' taken by DS Doyle. He didn't investigate the allegations of incest against Robin Bain and therefore the likely motive in this tragedy because 'he had murder to solve.' Reflect also on the fact that we've seen no record of Doyle or Robinson being in anyway alarmed when MW 'finds' the lens 'after hours' and in a room already searched by those that were tasked with the job. Not a single word on that, why? Because the 'lens' fitted in with the stance, and the placement of the lens and evidence that it was from the glasses of David (and not his mother's) also fitted with the stance.

Consider also the samples of blood smears taken from Robin's palms but not tested, that also fitted with the stance as did the 'disappearance' of Laniet's electronic diary which was last said to be in the hands of MW and which may have contained contacts of Laniets - some of who might have been police members. On that aspect alone we might also see keeping Dr Dempster out of the house, on the morning of the murders, may have been because of concern by Doyle, Robinson or others about what may have been found rather than preserving the scene. So the stance may have begun even on the morning of the murders. It could have started innocently with the report that the 111 operator or supervisor thought the call may have been a hoax, whatever the reason a 'stance' prevailed long before MW made the admission in 2009.

Someone has commented to me that Detective Inspector Robinson was very much 'hands off.' In this inquiry and I wonder, if like Doyle, Weir and others he was ensuring that the investigation operated according to the 'stance' set by himself or someone higher in the police hierarchy. As I've said before MW wasn't out working as a rogue cop on this case, he was fully supported - that is why nobody questioned his discovery of the lens, the loss of the diary, or the hidden evidence. Also the reasons why he didn't face internal pressure over the 'hidden' lens evidence, because he was told to hide it. In this case he is in fact saying Bill Wright knew of it but it was against the framework of the case.

News footage showed us that while it was said that Dempster was kept outside to ensure that exhibits were safe guarded the reality was that exhibits were thrown in blankets and carted out from the house by officers wearing unprotected shoes. The reality is also that no other investigator had the experience of Dr Dempster and many entering the house that morning before him had no experience at all. I think that tells us enough of when the 'stance' was begun despite seeing others that carried it on rightly criticised, the real criticism and the criminal intent began at the top somewhere. Maybe Robinson or Doyle should tell the public now.


While on the subject of Bill Wright misleading the jury at the first trial,  Weir  at the retrial had an interesting euphemism  for bullshitting  to a jury. See if you can find it in the following exchange between Weir & Mr Reed….



Q.          All right well that’s a movement on from before, let's investigate that.  So now you are admitting that Mr Sanderson was right when he asked for his evidence to be changed?


A.           No I'm not, when I showed Mr Sanderson the glasses that Margaret Bain was wearing, that information was given to the Crown and the Crown had a stance in relation to it.

Q.          Mr Sanderson says that he came to you and asked for his evidence to be changed and you agreed you’d take it up and do something about it, that’s his evidence in my words.

A.           Right.

Q.          You’ve said that you had no present recollection of that yesterday?

A.           And that is the case.

Q.          Now are you saying that you do have some recollection that he might have said that, is that what you're saying?

A.           No I'm not.  What I'm saying –

Q.          Well you were saying  that you took it up with –

A.           – what I'm saying was, in relation to when he was shown the glasses that Margaret Bain was wearing in the photograph, that information was passed on to the Crown and the Crown had a stance in relation to the glasses and that was their stance.

Q.          Well the stance, if that is the case, must have been taken by the Crown prosecutor Mr Wright?

A.           Correct.

Q.          David Bain at that trial was asked questions as to the ownership of the glasses.

A.           I believe so yes.

A.           objection:  MR RAFTERY



Did you see it? Yes thought so, it’s hard to miss isn’t it?  Bill Wright “HAD A STANCE”

Now  when I went  through school I thought  stance  was a particular position one took when standing, you know, like Robin did when he shot himself.Or maybe it could mean taking a particular line of argument.

However I had  absolutely no idea it could also mean withholding vital  evidence from a jury  causing a miscarriage of justice.

So there you have it-a useful new euphemism thanks to Weir.Next time I  screw up , I can  just say … “ yes but I had a stance on it, end of story ” or  “hey it’s not my fault , it’s just that I had a stance on it”  & of course if the twisted sisters hook up with the silly old men I sure they will  put on some of Kents nice music &  “stance”   the night away.

Isn’t that just wonderful?

Saturday, September 22, 2012

Why David Bain is innocent: borrowed from a correspondent.

The following was forwarded to the blog on here titled 'More stuff the hate-siters don't want to know' as comment in reply to one from Lee Hinkleman. I think it is an excellent contribution to the architecture of how a Miscarriage of Justice was imposed upon David Cullen Bain.

The writer firmly touches upon the 'grey' area, the point where the Courts rather than intervene in  a dangerous conviction look to strengthen it in a white wash fashion. Bill Wright implored the Jury to overlook inconsistencies, things which didn't make sense in context but which he insisted they still view in the fuller picture. Those words asked the Jury to convict even if the evidence was implausible, frayed or planted. The narrative lacked substance and credibility but the Crown continued on rather than withdraw. We can see it today, but why didn't Appeal Courts in New Zealand see it a dozen years ago. The MOJ is demonstrated and the task is upon the state to remedy not only this case but others as well, to be alert for blankets of guilt cast over an accused which in the cold morning light are thread bare and as empty as a fisherman's drying net. Our Courts need to have the backbone to not only recognize a failed case but to let the accused go rather than search for reasons not to do so. The onus is always on the Crown to prove guilt and for the Courts to be ever vigilant to that and not to conduct a prosecution itself to put the grounds for conviction 'back in order.'

Yes, Lee, that's easy. They accepted it because the Crown prosecutor told them it was so. According to the transcript in McNeish's book, Bill Wright in his melodramatic and imaginative closing said:

"During the struggle [with Stephen] the accused's glasses were dislodged, so was the plastic cover belonging to the telescopic sight. A lens belonging to the glasses was found in the room three days later."

He also said 
"Don't fall into the trap of taking the evidence piece by piece and examining each little bit individually, it's not that. Sometimes pieces of evidence by themselves carry no great weight but put them all together side by side and the result can be overwhelming. It's the totality of the evidence - the overall picture - that counts."

The people who argue for David's guilt, and cite unreliable evidence like the lens (and wasn't that one a convenient beauty for Weir?), are doing as Bill Wright told the jury. They are ignoring anomalies, inconsistencies and lies that undermine or negate individual pieces of evidence, but they are still including that evidence in their 'big picture'

Painting that 'big picture' uses the evidence as paint. It's like a paint by numbers kit, where each piece of evidence is a numbered colour. In painting that picture, unreliable or negated evidence should be left out, and the 'picture' that should be looked at is what is left. Bill Wright's 'big picture' was virtually blank. Of Wright's 10 points of what he described as 'hard, factual evidence', when the unsustainable evidence is set to one side, we are left with:
1) David owned the gun.
8) David said that he was the only person who knew where the trigger lock was.

While on the other hand, of the evidence available to the jury at the retrial, but not at the first trial, we have
1) Robin had blood on his hands - residual blood, photographed.
2) Robin's feet were a perfect match for the luminol footprints
3) Robin's death was of a contact shot - independently verifiable as substantially more likely to be suicide than homicide (95% suicide, 5% homicide)
4) taking the blood spatter evidence into account, there was NO position in which someone other than Robin could have fired that fatal shot
4) David was conclusively identified entering his house at 6.45 (time confirmed)
5) David could not have turned on the computer.

This produces a rather different 'big picture'.

To borrow from Van Beynen: for someone who sat through the retrial and heard all the evidence, it really wasn't that hard. 

Friday, September 21, 2012

More stuff the hate-siters don't want to know.

 A mixture of things below. None helpful to the daddy didn't do it crew. In fact most unhelpful seen here from the trial transcript..You'll see I've highlighted things that I always thought the basics of this case. The hand blood smears. The no physical injuries to David despite the chorus that he had injuries consistent with having had a fight. The comparison of bloody and injured hands of Robin, to the clean undamaged hands of David.

Also the young detective looking for a motive in the normal fashion (in this case domestic), but Doyle, ostensibly in charge, not bothering to check motives for Robin.

The truth about the beanie, or suicidee's raising or lifting clothes in order to suicide.

The reality that the police model of suicide was deliberating portrayed as hard, although not the defence model on which Dr Dempster agreed.

Also from Robinson, an aspect I have either overlooked in the past or forgotten - the red material under Robin's fingernails. We heard even recently that it was David that had material under his nails, but indeed we see it was the father. We even heard most recently from hate-site panic - Melanie White an absolute lie that Stephen had David's dna under his nail. But as always the truth comes out to haunt the liars.

Doyle on the blood smears from Robin's hands, the ones according to the hate-siters which never existed.

Q [The record states:] “2 smear and slide of traces on blood on left hand.” What is that
actually? Is it a slide or what is it? A It would be a slide with a blood smear in it.
Q Right. Well it wouldn’t be hard to retain that, would it? A Well, with hindsight no.
Q But you see the importance, Mr Doyle? You were an experienced Detective Senior
Sergeant. That skin sample that was kept for 13 or 14 years proved when it was tested
that it did not come from David Bain. You see the significance of it? A Correct.

From Doyle again - for those that claim David was never a suspect.

Q You have told David and others that it was either Robin or David. That was the view
from the police. There was no-one else suspected, was there? A Correct.
Q So it is a contest. Is it Robin or is it David? Correct? A That is the question?

And of course that Doyle ignored not only testing the smears but was unable to connect them to the deaths;

Q Your case has always been that Robin innocently came into the house, knelt in front of
the curtain [for morning prayer] and was shot by David Bain. That’s been your case
hasn’t it? A That’s the Crown case, yes.
Q And that requires that Robin Bain is not involved in any way in these murders. Right?
A Correct.

Detective Superintendent Robinson

Q But fingernail scrapings in a homicide case, where the fingernail scrapings showed a
red substance, might alert a detective mightn’t it to the fact that it ought to be tested for
blood….? A Yes it could.
Q Yes. Well why wasn’t that done? A I don’t know?
Q And then we had blood from the hand of Robin Bain that’s unexplained. Wouldn’t it
have been wise to test that blood to see whose it was? A In hindsight yes.

The above followed on from evidence from Doyle about blood samples from the hands of Robin not being sufficient for diagnosis in NZ. But which could be diagnosed in Australia. The samples from Robin's hands were not taken to Australia although samples from some other of deceased were.

Below in evidence Ambulance Officer Raymond Anderson in attempting to describe his belief that David hadn't fainted - describes finding no physical injuries. Exactly the opposite of what is claimed by the hate-siters.

Q Now, did you check the patient for any visible signs of trauma? A Yes I did a quick
once-over and then good look all around, because of course we weren’t quite sure what
we were being presented with. But I couldn’t find any sign of physical injury or signs that
medical intervention was required.

From police interview with David; the very basic question of hand damage after an episode of violence.

Q Did you have any cuts on your hands on Monday? A No.

Another basice police question: searching for a motive. David was asked..

Q Do you know of any extra-marital relationships? A No, Mum didn’t have any. I don’t
know about Dad. I knew very little about what Dad thought or did.

Compare the above evidence with that of Doyle who was not interested in investigating motives Robin may have had, unlike his junior officer following normal practice.

Q Why was it not appropriate to find out whether there was a strong motive for these five
homicides? How could you possibly say that Mr Doyle? A Our focus was on the
investigation into the killings.
Q Yes, and you have agreed that, in a circumstantial case, it is important to establish
motive? The trial judge said that himself didn’t he, in his summing up? A On the second
day of the inquiry it was still not clear whether it was a homicide per se or homicides per
se or homicide-suicide.

Just showing critical importance of Robin not being shot through his beanie, and the other answer to the giggling hate-siters how suicidees open clothes, or lift hats when killing themselves. No bullet hole through Robin's beanie.

From Dempster.

If Robin Bain inflicted this wound on himself, one would have to say
that it would be unusual for him to be wearing head gear in my experience. It is unusual
for people to [do so]. I have never come across anybody who shot themselves in the head
who was wearing head gear at the time, and I think it is a pretty uncommon event.
Similarly, if they shoot themselves in the chest, normally they seem to bear the skin.

Q But? A there is also the possibility that he could have rested the rifle say on the chair in
from a standing position. The rifle would still be in the same relative position to his head
of course.
Q Yes, if he rests it somewhere else, it will not alleviate your concern about site of entry
at the moment, but it would obviously be easier to hold the gun? A Yes.
Q And what I am suggesting to you, Doctor, is that yesterday, that demonstration of
holding the gun up to your head and your arm waving around, is just really unhelpful as a
demonstration? Because it’s just totally unrealistic that anyone would ever do that,
Doctor? A I cannot say that it didn’t happen that way. I am perfectly happy to accept that
the rifle may have been rested on a point such as a chair, that’s certainly been something
that I have considered in the past and I think discussed at the last trial.
Q Yes. But the point is that you spent a long time yesterday, through your counsel,
holding that gun up with it waving around and showing how difficult it is to reach the trigger. And what I am putting to you is that no-one, rationally, would ever suggest that
Robin would have done that? Its just ridiculous Doctor? A I cannot comment whether it
is ridiculous or not, I think it is a possibility, I would say it still possible, equally difficult
to reach the trigger even if it is rested on an object. It’s at close to the limit of one’s arm
stretch, depending of course on the length of one’s arm, but it is an awkward position.
Q Yes. But that is not what I am putting to you. I am saying to you, if you are giving a
fair demonstration to the jury, why would you give a demonstration that really is just
totally unrealistic? Why would you do that? A Because I was not asked to step down and
show it in other positions.
Q Right, that it is perfectly feasible to have an entry wound to the head matching the
exact direction of travel of the bullet in Robin’s head? Would you disagree with that? A
Well I wouldn’t disagree because if the rifle is applied to the temple in the way it has
been demonstrated in your photographs, the bullet is going to transit the head in that
direction. But, in my experience, it is extremely unusual for suicidally-inflicted gunshot
wounds to transit the brain in that direction. Robin Bain has chosen, if he has killed
himself, an unusual way of applying the rifle to his head.
Q Isn’t it fair to tell the jury that, if Robin Bain was going to commit suicide with that
gun, it is much more likely he would adopt one of the positions, I have shown in those
photographs than it would with your demonstration yesterday? Is that a fair question? A
Well it is. One has to consider what a person in this situation would do and there’s no
certainty that an individual would follow a particular course.

I can predict one thing Ian Binnie will have noted all this and will not have asked Bill Rodie, Parker, White or others for the real story of what they heard from reporters or important people. No wonder it is so obvious that David is innocent.

Thursday, September 20, 2012

Bill Rodie: Hate-Site spokesman.

Bill Rodie has used a number of identities in his years of defending the dead Robin Bain, most notably those of a female relative. By in large I don't think BR has been directly involved in the illegal activities employed by some of the other members and he should be recognised for that. On a topical, at times emotional matter, he has kept things fairly low key. He perhaps surrendered those other identities when it became obvious to him that his style of writing and obsessive points about the case were a give away as to who he was anyway despite adopting a 'new' identity.

His last foray appears to have been on the Listener website where he unfortunately made a comment that could see him in hot water. I don't think the comment was deliberately defamatory as much as showing how much perspective BR loses when writing about the dead Robin Bain. BR is certainly obsessive about the Robin who he now writes about as being seen as guilty because David is apparently to be judged innocent. Of course this is nothing new it was a proposal put to both Juries, was David or was it Robin. Also the police centered on this view from the outset, even to the point of getting David to agree to the obvious fact and later using that against him. In other words if David acknowledged it must have been either he or his father that killed the family then that was a black mark against David - such things are required when evidence points toward suicide but the police take the 'easy' way out and ignore the evidence against Robin.

BR in many ways is among the last standing and although I think I've been fair in saying that he doesn't appear to have been among the most vindictive among the hate-siters, that recognition is shallow because any difference gets lost in translation. The reason for that is the BR continues on with his distorted facts and twisted truth - he never balances his accusations against David or Joe Karam, and continues to use material which simply isn't true or correctly portrayed.

For example he talks about David's well defined fingerprints on the murder weapon, but makes no mention that fingerprints can last for years on a firearm or other parent bodies and that was confirmed at the trial. He also doesn't say that the fingerprints were in the 'carrying position' not in the 'firing position.' If that isn't enough, he provides that Robin's prints were not found on the rifle when in fact many prints were found on the  rifle which may have been Robins, the investigators, or others, but which were unable to be identified because of their poor definition. He simply presents the 'well defined' fingerprints as the complete story when in fact it is no where near the complete story. I have recorded on this blog earlier scientific reports of the low percentage of fingerprints which are ever found on firearms used in crime and the wide range of reasons why, most arising from the gun oil, checkered surfaces and the more obvious that guns are not handled with fingertips anyway. So to make the bald statement and not the persuasive arguments against it is purely persecution. BR is hiding the truth as much as the police hid or destroyed evidence. BR seems unable to understand that is not his imagination or editing of the facts that has any weight on the innocence of David Bain but rather the real evidence, the real facts - included in the trial transcript which BR has clearly never read. Or if he has it has made him sicker than what he already was.

Predictably Rodie has begun attacking Justice Binnie, even before reading the report. Of course reading the report or anything else will never make any difference to Rodie because he only sees what he wants. As an observer one of the most interesting things about Rodie is why he supports somebody who clearly killed their family, he seems tortured about the true event and looks to fabricate another.

In Rodie's latest 'plea' titled 'Is Robin Bain Guilty?' he asks that question as though it were something new and not dating from 1994. It's not all in his writing, and it is clear somebody else is writing it, or some part of it, for BR. I suspect one of the journalist's mentioned in the article.  He asks that 'title' question despite the 2nd Privy Council decision, the 2nd Trial verdict and the apparent finding of Ian Binnie. To his small credit he has dropped the claim that David was covered in blood but when mentioning the small amount of blood on David fails to put out one was an aged stain, the 3 marks were all identified as not being spatter - so again he can never permit the truth. He needs to keep lying by omission or in any other form to convince others that he is right and a whole system wrong.

If BR was in anyway an 'expert' that he claims to be we would be hearing from him the full pictured, not something filtered to allow his attack against Binnie to begin. His astounding view is that Binnie can't have reached the right conclusion because he didn't spend enough time doing so - even though there is evidence of months of work and interviews as well. This despite the obvious features of suicide and conclusive proof that the Crown conceded at the last trial. No, Bill is right because apparently he sometimes where tights - nothing like getting into character by dressing up when one wants to change their sex. Yes, Bill dresses up all sorts of things. He quotes a host of people with dry egg on their faces, but not those that have conceded, that like Bill, they were wrong in their earlier opinions. He drags out the hapless Bryan Bruce, who this week came out with the humdinger that the Crewe case police sought to hide that Heather Demler 'wasn't' the woman seen on the Crewe farm in the days after the murder. He conjures up the image of 'distinguished' journalists such as Martin Van Beynan who hung his hat on Peter Ellis and David Bain being guilty and was both times wrong.

He even quotes lawyers who have said that David needed to find 'silver bullet' evidence to prove his innocence. In other words some 'magical' single event - when in fact a series of events of evidence shows compellingly Robin's guilt. So even to this point Rodie is unable to focus on where the case has reached and rather looks back for where it once was - existing as an 'actual Misccariage of Justice.' How Bill must hate those words, he must shed tears at the thought of them and the dead Robin. He seems not to understand the passage of time. Not to understand that the case has moved light years from the time when the Dunedin police wouldn't investigate the prime suspect because they had a murder to 'solve.'

Wednesday, September 19, 2012

Dean Wickliffe: From the Badlands.

First time I've watched one of Nigel Latta's 'Badlands' shows but did so with particular interest because of the subject Dean Wickliffe someone who I know fairly well. First off, I'll admit I was surprised by the quality and presentation of the show which had a title 'Badlands' evoking perceptions of sensationalism. Not the case at all.

I knew part of the DW story from both reading about and knowing the man fairly well. I knew about his tough childhood but not the extent of it. I'd no idea about his late father being a returned serviceman, and like for many others of my age there would have been characteristics  recognised for those who had fathers who returned from war changed men, often noticeably changed from once having been happy go lucky, or outgoing, to being introverted. Certainly not a universal situation but one which will be recognised by quite a few, the booze and violence - together or singularly. If we call those returned soldiers the first generation, and those of DW's time, the second, there is an argument that the first passed onto the second problems, again not in all cases -  but in some.

From Nigel Latta's explanation, along with personal experiences, it is easily argued that during the time of Dean's childhood it wasn't well  appreciated that youngsters were absorbing patterns and information that would be with them for the rest of their lives in most circumstances. Hopefully today's generations accept more readily that a 4 or 5 year old that sees his or her mother beaten or abused in someway has to 'adjust' to an enormous horror and in lots of cases absorbs silently something few may escape. The message that violence is king, that violence is acceptable even if very awful and frightening. As one of DW's friends said it was the norm and not much spoken about. Some may think that I am gravitating toward excuses but I'm not. I'm looking at something written about by Steinbeck where he described how child hood heroes when they fall, fall mightily and what might become a child who has seen his or her protector reduced to fallen among the debris of a life once considered to be great and all protecting.

I'm also looking at the failure of one generation, not blame of course - because these were men returned from unspeakable horror with a mind crossed over by what they'd seen and often worried about what they'd come home to and how they would cope. Many of course didn't cope well, and we see them  now as the generation that didn't say much. Virtually a generation that were given no help to come to terms with their time at war. We weren't in those times much fussed about the horrors that had gone on and perhaps were unable to fully appreciate that much like, for a 4 or 5 year old DW, things were buried within minds and replayed often, in some cases without control. Many returned servicemen and women did cope remarkably well, apparently able to understand that the messages given to youngsters was important, for after all it was those youngsters and generations to come who were fought for. The very reason why many of us admired these men and in some cases feared them from understanding they were those among us who had literally killed, in many cases, despite being now dressed in a suit and apparently no different outwardly than the next man.

From the show we discovered that DW's father drank at home. Probably because of the fact that being Maori he wasn't allowed to drink in the pubs along with this white brothers in arms, perhaps feeling he wasn't good enough, or trusted, despite putting his life on the line for his own country. So it would be fair to say a lot was contained within DW's father which he unfortunately expressed in such a way that the wrong message was absorbed by at least one of his children, who from the show, we know was beaten, along with his poor mother, for whatever it might be a 4 or 5 year old could do wrong to deserve the fists of his father.

So Dean eventually drifted off and found himself inside D Block, described for many years, as the end of the road. Nobody we could assume could hurt your feelings in D Block without giving you the opportunity to strike back at some point. If feelings were an issue Dean was safe there, nobody could hurt him or send him further down the road of which he'd already reached the end. I should say now that escaping D Block once, let alone twice, ranks as a superhuman feat. DW spoke about the buzz of it and the training he did in advance. The buzz of accomplishment. Something overlooked by more than a life time of being involved with authorities as a prisoner. D Block is for intractables, those that might be described as unable to be aided in anyway. I think that was a point Nigel Latta was making that despite 40 years inside, the prison system hadn't been able to deal with one man and questioned the point of it all. DW's fight against his murder conviction is fairly well known, and finally the charge was reduced to manslaughter but the sentenced remained the same. Was  DW the only party with an intractable logic or had the system failed to show enterprise and leadership in a case that clearly was close below the hardened surface Dean presented to the world.

I recall somebody on the show talking about Dean being isolated outside, no longer the 'big fish' in Parry with the 'prestige. of 2 escapes behind him and the longest serving D Block prisoner. The recognition of that is also a recognition of where Dean needed assistance on his few releases from prison. His sister said that Dean needed help from somebody perhaps who had walked in his steps. I'm not sure if my memory is correct but I believe Dean has a daughter and obviously has spent little or no time when her on the 'outside.' Her story is another of interest, a son isolated from his father by war, in turn isolating himself from his own daughter by prison. That's about where I want to make a point - the 'handing on.'

DW's greatest challenge was to avoid doing what his dad had been unable to do, a challenge it would seem greater than the high concrete walls of D Block, that of not passing on problems, of being bitter and resolute only enough not to dwell on what can't be changed and accept the 'gift' of making one's own decision. However dire the circumstances, not to pass on hate or turmoil - but rather to pass on love. There may be no place in D Block for love but we saw there was a place in Dean's heart for the love he found with his late partner. Dean would have been smashed to bits more than once in solitary confinement and reacted with his life long armour: hate. Each of those baton blows he may have identified with, because he had understood them from the age of 4 or 5 and would not cower. It was no longer  his father raining blows upon him but a system that could not bend him, not a system that might step back realising that Dean Wickliffe has never succumbed to hate or mistreatment but met it with his own.

Tuesday, September 18, 2012

Crewe case; Bryan Bruce, myopic reasoning?

Bryan Bruce on receiving a statement witnessed by Detective Inspector Hutton under the Official Information Act, and made by the  now deceased Bruce Roddick, in which he claims that the woman seen on the Crewe farm in the days after the killings by himself had darker hair and so convinced him she was not Heather Demler, BB now says this is 'new' evidence that shows Heather Demler wasn't the person Roddick saw. As reported Herald Monday 17th September 2012 by Rebecca Quillum.

On the face of it this 'evidence' could be convincing, but to be so it would need the informed to ignore a lot of other evidence. In particular that Heather Demler was known to have been in the district years before the time she admitted to the police. There is not just one statement on this but many, including from workers whom she fed on the Demler farm and from others who saw her in the district, statements with specific detail. Why Bryan Bruce chooses to ignore the other evidence is hard to reason. The reality is that someone considered to have possibly been involved in the murder of Jeanette and Harvey, and who made what appear to be contradictory or false statements, as to her time in the district to relevant to the killings raises just concern. Why lie? Why would others say that she was there if in fact she wasn't. Heather Demler might have had obvious reasons to say that she wasn't in the district at the time, however others would appear to have no reason at all to contradict her other than by reason of telling the truth which they had no stake in.

BB uses this to claim that the police with held this statement to help the  spread misinformation by not releasing this document which he claims 'exonerates' Heather Demler. He is using a single document to usurp various other accounts with a consistent theme that HD was in fact in the district. Of course BB seems not to understand that the release of the document actually assisted the police case rather than spread 'misinformation.' Because, if it wasn't Demler, then it could have been Vivian, Arthur's wife - exactly the contention made by the Crown, and which relied on no proof only assertion. BB is trying to tell the public how a square peg fits in a round hole. He is trying to convince the public that there was some advantage to the Crown case by not proving, or showing evidence, than HD wasn't the person that fed baby Rochelle.

Let's look a little deeper. To verify his 'discovery' BB uses the attendant evidence that it was Inspector Hutton that drove Bruce Ruddick  to the Demler farm in 1972 to see HD after which he (Roddick) was convinced that he in fact had not seen HD but somebody else with darker hair in the days after the murders - presumption again, Vivian. Now if that didn't suit the Crown case nothing did, so why would police hide the fact for years. Possibly because of the reasons why I am sceptical about it now. We shouldn't forget that Bruce Ruddick had an 'unhappy' time with the police. He was stood over and bullied by some accounts and from what I've read there remains dissatisfaction within his family as to how he was treated by the police. Make no mistake the police wanted him to identify Vivian and no one else, when he didn't the relationship apparently soured. One detective had accused him of being gay, something which time didn't heal according to an article I have referenced here before by Chris Birt, North and South Magazine June 2011, which on reading makes many arguments against the claim that it was Vivian that was sighted and not Heather Demler. Many arguments not able to be negated by a single statement, inconsistent with others, which did not directly state that it was Vivian that Bruce Ruddick had seen, even on the face of it and believing that the woman had darker hair than Heather Demler.

Closer again to the inconsistency. Not only did the statement promote the original Crown case but it appears to have come late in the piece and by the direct intervention of DI Hutton after the first trial and before the second. This was the exact time when public unrest was high because Ruddick had never identified Vivian as the woman who may have fed the baby at the deposition's hearing or the trial. He did however say that he saw the woman at one of the hearings,  a fair haired woman he saw at the Otahuhu Court in December 1970 during a preliminary hearing. He reported this to a police officer who said what he had to say was irrelevant. Something else again which underlines the police were only interested in the mystery woman being Vivian and no one else. Consider then that the statement, taken between trials, was done so by the Inquiry Head a man to whom planted evidence was later linked. A person who had a strong interest in making sure that even if Ruddick 'wouldn't' say it was Vivian, then having him say, in whatever circumstances perhaps forced upon him by Hutton that day, that it wasn't Demler either - but a person with darker hair. If nothing else, the hapless, Ruddick had been abused into a position that if he wouldn't lie he could easily be made to look like a liar - exactly what suited the police.

Why BB didn't discuss or consider these relevant issues seems odd, particularly that he took on face value a single statement made in very strange circumstances. To support that, or more importantly ignore it, he suggests that it was malpractice by the police - when in fact a ready observation was that it suited there weak case down to the ground and stitched up an important and critical witness in much the same way Arthur was stitched up. There is no ground breaking in this very odd revelation that I can see, and nothing that undermines the very truth that Vivian Harrison should be apologised to - posthumously as it may be.

Sunday, September 16, 2012

Van Beynan - Why the silence.

Nobody could ever say that Martin Van Beynan has ever held back in anyway on the Bain case. He is the foremost media person to have written extensively on the case. All of his writing has large characterised his unfailing view of David guilt, much like vb earlier unfailing view of the guilt of Peter Ellis for which I understand he later apologised.

vb has asked the public to accept his opinion that the Christchurch Jury got it wrong but that the earlier Jury in Dunedin who had much evidence hidden from them got it right. vb has been extravagant his use of metaphors that could turn minor or aged blood smears to clothing to being 'covered in blood.' He has written 'vivid' reports on the manner and conduct of the Christchurch Jury alleging misconduct and worse but never explained why he never brought such conduct to the attention of the Court or how nobody else in NZ appears to have noticed the conduct including a High Court Judge presiding over the trial.

It appears that vb is a law graduate, following which he became a Court reporter presumably able to use his training to bring clarity to a day's Court proceedings or some complexity of evidence. But in the Bain case he appears to have done neither. As an example I am still unaware that the man who deemed himself the person 'that sat through almost the entire trial' has ever written about the blood smears found on Robin's hands, never reported that David had no scratches on his chest when strip searched by police Doctor Pryder the morning on the killings - yet he has never seen fit to point this out or contradict that 'David had fresh injuries from the fight with Stephen.' As far as I can tell vb has never written about the preposterous assertion that 'David had used his paper run as an alibi.' He has never look closely at the comparisons between the condition of David's undamaged hands and Robin's damaged hands on the morning of the murders. Some things he has entirely missed out while exaggerating others that have been at the least unbalanced reported, and possibility at its worst biased reporter. Without fail any biased reporting as always been against David.

A law graduate would know not to stalk a Jury. But a law graduate that did stalk a Jury, or Juror, and was only warned to desist by police would give a public impression that he held a confidence that for some reason he was above the law. I'm struck now by the silence from vb, he must know, as surely do most of the country, that it his highly likely that a specially appointed Commissioner has found that David, a target of vb's for over a decade, has been deemed on the test of the balance of probabilities. vb got it wrong. His one sided reporting was therefore wrong, his insulting question at the Perth International Justice Conference was also wrong. The impression he gave of being completely one-sided against David and Karam is shown vividly now as a failure at his feet.

A number of commentators, including lawyers, in this past  week have reconciled their previous views on the Bain case to alignment with the recommendation purportedly made by Ian Binnie the retired Judge and Commissioner to the Crown on this matter. But I wonder why vb hasn't, particularly with his track work against David Bain. One could assume that if the impression of bias was only presumption we would have heard an apology or some kind of recognition of Binnie's report from Martin. Yet on the other hand, reading the hate-sites one sees, that some members continue to send discredited material to vb in a way that suggests that he has been a champion of their cause and they look for leadership.

I'm very interested in this. I see the 'finding' of the lens 'after hours,' the 'lost' electronic diary belonging to Laniet, the partial and corrected evidence of Mrs Laney and Mr Sanderson, no less sinister that the thought that there has been media manipulation against David every bit as significant as the rest of the formula that resulted in the Miscarriage of Justice administered against him by our own authorities.

Thursday, September 13, 2012

Kent Parker - sunk and scuttled by innocence.

Last week Kent was in firm denial about the pending announcement of David's innocence. Even had his fiddler mate Ralph Taylor explaining on Trade Me how the confidence in the expected recommendation was falsely implied by an appraisal of the interview with David conducted by Ian Binnie. The presumption being that Joe Karam, a veteran of non-expectation until a decision is set in stone, had taken false hope from the interview and presumed the result of a whole inquiry. In Taylor's small mind he could assume that Joe would presume several 100 hours of work by Binnie could be indicated in inclination from a relatively short interview. But desperate does what desperate do - Parker, Taylor et al are very desperate now as heavy coats of egg harden on their faces, improving their appearances, no end but beginning to stink.

This, when all the while, the Ministry flow chart indicated that the recommendation wasn't negative for David because, as under the rules for positive recommendations, it is proceeding to Cabinet. Very straight forward, as straight forward as the egg also setting on Bill Hodge the Law Professor's face who took the opportunity last week to promote his view of David's innocence using 'evidence' that only exists in his mind. But what of Kent now?

His situation is among the most interesting. It is he who has headed part of the persecution of David and Joe, he that has promoted Jury stalking, and the stalking of children. Everything he built against Karam was that Karam was somehow fraudulent, knew that David was guilty but didn't care because he was milking the system. Parker has quoted Joe's writing at length, implying sinister meanings and suggestions of Joe's insincerity - that's why Parker and Purkiss are in Court. Additionally, that is why the single word, innocent, has sunk every facet of Parker and his hate-sites. Everything they have built against others, everything they've used to justify stalking and threatening other nzers has been bases on not 'innocence' but indeed guilt that only they could see, guilt that they were confident Ian Binnie or any right thinking person (like themselves apparently) would discover if they looked closely at the case. This group were in fact enlightened and entitled, so much so that they could conspire to put people in prison that didn't agree with them, threaten to take their children. threaten to send gang members to their houses and so the sorry list of these sick people continued on until now - when they hit the wall with a big bold innocent. Already some attacks have begun, notably from Rita Cochrane and the entirely loopy Melanie White who I shall blog about, along with others later.

Assuming Kent had made itto trial and the recommendation was 'guilty' no doubt lunk head would have seen that as his justification. So thick he is, he would have considered 'guilty' justified his defamation and criminal support for Jury stalking and so on. Of course that would never have been the case, because his comments and activities went far beyond what is legal and could never be justified by a finding on a separate matter of either guilt or innocent. Parker and the hate-siters have never been able to comprehend that David's guilt or innocence didn't entitle them stalk and spread hate messages, didn't give licence to act out persecutor fantasies such as Christine Williams drooling at the thought of watching a hanging under torchlight or arranging to take children away. Yes, from a school teacher, to take children away from their families - the very extreme of Kent and his sick folk.

We can justifiably understand it is Kent who feels sick now, his fantasy has imploded and he has found himself in the hull of a rudder-less ship opening the scuttle valves to sink the misery of his own life, not of others whom he had designs of trampling over, along with spouses and children in his great crusade of hate. That which motivated him now consumes him.

Tuesday, September 11, 2012

David Bain: The media role and public opinion

The above from the Herald shows the apparent 'public opinion' split as to whether David should be paid compensation. A relatively fruitless exercise in that as the article points out that the decision is not a public one but rather one for Cabinet.

National MP Michael Woodhouse says 'Only Cabinet can make the decision. I don't think public opinion should enter into it.' Similarly MP Clare Curran said that Cabinet needed to consider the opinion of the judge whose advice it had sought. Pleased to read the MPs exercising the correct objectivity but struck by the irony that much has been done to agitate public opinion in this case, unfortunately some of it from the pen of van beynan attended by gaps which left out important material and in other instances exaggerated or misrepresented facts.

Whether known to van beynan or not, some of that material went to the hate-sites and later to message boards though out nz. The owners of the hate-sites and members claimed contact with vb and quoted his material at length, in particular his award winning opinion piece in which he wrote of having sat through almost the entire 2nd trial but in which he neglected most of the basic evidence against Robin even to the point of ignoring that Robin's dna was found inside the rifle as represented by the last person being shot, and therefore having been shot with a close contact would consistent with suicide. Fairly dramatic evidence to be left out of an 'important' piece of writing. Why was it left out, who knows? But it did the target of vb's campaign, David, no good as we now consider his innocence.

I wonder if vb had accurately reported such things whether some of those now charged with defamation etc would have 'acted out' as a result of not knowing such critical information. Additionally, the fact that David was strip searched and found to have no 'infamous' scratches on his chest is also something that the professed media expert of the Bain killings seems to have also omitted. The result of that is the frantic claims 'David had scratches on his chest that must have come from the fight with Stephen.' Something not true, and something which vb never sought to rectify. vb also decided not to tell the public about the blood wash on Robin's palms, critical evidence which put smeared blood on Robin's hands before he died.

So on the one hand we have MPs rightfully telling us today that the compensation will be decided by Cabinet and not by public opinion while on the other we see a journalist free to write 'factually' in a way that misleads the public and causes disquiet about the whole legal system. Not to forget that vb even went after the Jury and was warned to stay away from them by police. We all want freedom of speech but isn't freedom of speech attended by the expectation of truth and not be used wrongfully to generate hate against an individual or individuals or against a Justice System under pressure as having been complicit in an 'actual Miscarriage of Justice.'

Do we have a situation in NZ where an under fire police force have 'helpers' among the media who omit important information and willingly misrepresent the truth in order to enhance a failed police case, perhaps in return for favours, story breaks, money? That's for a reader to decide in this case. However, in the broader picture what are the terms which hold no one to account for deliberately campaigning against a person using omissions or exaggerations? In the case of vb it seems nothing. In fact he was given an award for an opinion piece of which those that voted on the award either didn't care or didn't know was an unbalanced, biased piece of writing - is that too in the reward system?

What is going on in our self-policed media? How is it that our self-policed media can get things so wrong that they give awards for persecution style articles without balance. Not only that, but how is it that a reporter can deliberately harass jurors and not be charged by the organisation who could appear most likely to benefit from his biased writing and unlawful approach to jurors. These are not single isolated threads but rather a campaign. It wasn't one written piece that used omissions and exaggerations always to the detriment of David but many pieces, consistently not telling the full story and using terms such as 'covered in blood,' 'scratches on his chest.'

There is more on this for a later time, In the meantime as 'co-incidences' go how often would it be that a prize winning writer took an approach of inflamation of public opinion in not one case but two. All the steps of vb in his efforts against David and Peter Ellis, two innocent men, he has underlined his own efforts either with pride or a complete vindictive disdain for the hurt he has caused.

From yesterday's news we learnt that 2 Dunedin police central to the Bain injustice had been interviewed for 6 hours I wonder if Ian Binnie paid regard to the public interest in how we see the media work constructively to persecute two innocent men in cases where the police have delivered an 'actual Miscarriage of Justice' to one man proven, and a second proven in the public mind. To quote Karam - 'more dust to settle.'

David Bain: Nothing so obvious - innocent.

Anybody that read the news last week of the announcement by Judith Collins that the recommendation of Justice Binnie on the question of the innocence or guilt of David Bain would have not been surprised by the 'leaked' news today that Justice Binnie has reportedly decided that David was innocent on the balance of probabilities. Additionally, that he had recommended compensation be paid.

For others that was an obvious conclusion years ago. Joe Karam even predicted that if a retrial was held David would be found not guilty and he indeed was. That re-trial was held despite that it was the decision of Crown Law in NZ whether or not to proceed to a new trail, this followed the Privy Council finding that there had been an 'actual Miscarriage of Justice [MOJ],' quashing the conviction and ordering a retrial subject to Crown Law here either letting the conviction remain quashed or indeed retrying David.

It's debatable whether there should have been any retrial. In fact the evidence, and the speed of the Jury in deciding that David was not guilty reflect poorly on the decision. What may have been a major consideration of the Crown was that there had been 'an actual MOJ.' Even if it were, any retrial was certainly not going to remedy that it, the MOJ, had already happened and could never be corrected. On reflection the dismemberment of the case against David at the second trial showed requiring him to be tried again was arguably a continuation of the 'actual' MOJ.

Where did that MOJ start? With the Dunedin Police and no where else. It was they that proceeded with haste toward an arrest when no haste was needed. It was they that found things 'evidence'  'missed' earlier in comprehensive grid searches. They that put words in David's mouth and twisted the meanings. They who sought to influence David's family against him. They were the party that hid and destroyed evidence. As I say no re-trial was going to put that right, and no conviction would be gained again using such exploitations of the law and fairness a 2nd time. They framed David because they had no proof. They didn't frame him because they had proof or ample proof of his guilt - they had to make their proof and no conviction was going to arise from the ashes of a case that had been fabricated.

That Crown Law was willing to pick among the debris of a MOJ is a disgrace, that they even contemplated such a decision let alone act on in was no less disgraceful that the activities of Dunedin Police fabricating the case against David in 1994. So the hens are home to roost and while some may look at the Police as all responsible consider the role of Crown Law, if not at the outset but at the point they were prepared to continue the venture of an 'actual' MOJ.

I wrote above 'Nothing so obvious - innocent' in respect of the obvious failure of the police and prosecution right at the outset to not comprehend that a 'lens' doesn't not suddenly appear where there was none previously, an officer tasked with the job of being in charge of a scene that others are searching does not return at night and find what others didn't find. Laniet Bain was not going about Dunedin years before her murder saying that she was in a 'relationship' with her father in order to give David an alibi in the future. David Bain didn't need to be seen delivering his papers, because no one else could have delivered them. Robin's bruised and bloody hands were not consistent with him having been murdered, nor was his beanie being raised to expose his forehead. There is so much obvious material that showed David should never have been charged, so much obvious evidence that showed his innocence. So much bewildering logic forwarded by the Crown that was always inconsistent with not only the facts but also logic.

Friday, September 7, 2012

David Bain: What cries van beynan and the media now?

Significantly this week not only has the media been relatively quiet on the news that David Bain's compensation claim is to go to cabinet along with a recommendation from Justice Binnie rather than being dismissed out of hand as the rules require for rejected applications, but also have the hate-siters.

Without doubt van beynan has been the foremost media contributor to the misinformation spread about the Bain case for many years. He has been lauded as somewhat of an expert on the case, but he is far from that. His expert capacity has hung on sweeping condemnation of David Bain and his guilt using such terms as David was found 'covered in blood' and others such as that David 'hated' his father. When David wasn't in the firing line it was Joe Karam, one can only suspect that was for reason of bias against David that became indistinguishable to van beynan despite him priding himself on being a 'journalist' and an 'expert' on the Bain case. Clearly vb has been unable to divorce his personal feelings to allow journalistic distance.

The record shows that vb was similarly 'affected' by another Miscarriage of Justice, the Peter Ellis case, where he eventually apologised for what could be fairly described as a bias against Ellis in an inappropriate 'child sex' case that in fact only existed in the minds of investigators. It might be too simplistic to say that the fact vb has or had a brother in a prominent position in the police was the cause for his journalistic short-sightedness but it still is difficult to dismiss the notion. I complained in recent years about an 'opinion' piece that vb won an 'award' for, among the many things I took exception to his 'opinion' piece is that he never dealt with any of the forensic evidence against Robin Bain and used 'shock' words similar to the 'covered in blood' mantra, persuasive but untrue. Most particularly I couldn't agree that balanced writing on the Bain case could totally ignore that Robin's blood and dna was found inside the suicide weapon and could have only arrived there from a contact or close contact shot - a scientific fact that can't be denied.

Of course another pillar of the bias led against David was the claim that he had scratches consistent with being in a fight the morning of the killings. In fact, as vb, well knew - the scratches did not exist that morning when David was subjected to invasive tests and examination by the police doctor. There can be no doubt that vb realised the significance of that omission in his writing and of the damage in the public mind his omission, as an 'expert' caused. Taking such omissions and similarly damaging untrue allegations into context there can be little doubt that any 'expert' would know the damage they were causing under their banner as an 'investigative journalist' and an 'award' wining one at that. The self-governing body of journalists and the print media have a lot to answer for in the persecution of David Cullen Bain.

But let's move on from the omissions and fabrications and we see vb warned by the police to stay away from jurors after he had been reported as harassing one jury member in a manner that demanded that the juror be answerable to vb. Credible and reliable journalism - I don't think so. Campaign of persecution instead? Even at the recent International Justice Conference, at question and answer time, vb gets his little jollies off by asking David if he hated his father, or if he had said that he did. Of course that question arises from other evidence misreported by vb when David said to the police that he would hate is father if it was true that he'd killed the family. Big difference, and big damage, consistent themes in the unbiased, award winning journalism of vb and the press council that support journalism that has no basis in truth.

vb has now become the easy target he sought to make David, because the truth has caught him out. David's truth when he said not guilty 5 times. Other such 'expert's are less visible on the horizon at this point but the dithering Professor of Law Bill Hodge, who apparently has no concerns for the truth but rather his position as a public commentator, came out with an vb style beauty this week apparently to cover up the egg he has over his face already for his comments on the Bain case. He introduced some last minute 'new evidence' that Robin was  asleep on his chair when he got shot. One must wonder how a Professor of Law could so blatantly 'invent' evidence that has never been offered in a court room without knowing that it was of the same nature as the 'one liner's bull dust that have been chortled by vb and others for over a decade and a half. Is Bill Hodge just an idiot that sees the chance to speak to microphone as the opportunity to ad lib on the truth, or is he someone found out, and when going down with his lies, chortles out another 'humdinger.'

One may have thought that 'burbling' or 'bulldust' Bill would have at least used the long since discredited 'Robin was shot while he was praying' giving rise to sympathy and indignation for the disaffected, but 'sleeping?' Showing old 'bulldust' is likely to come out with anything when he is on a roll. Maybe he simply has 'mental' difficulties and wasn't trying to contribute to the long list of untruths uttered about David. Perhaps he doesn't really comprehend that as spokesperson on the Law he is duty bound to his profession to tell the truth, with no false inventions just because he gets to watch himself and TV and can giggle and wonder who might believe his latest diversion from the truth.

I've finished this on a slightly less than serious note, because I feel it is better to treat with disdain those that purport to be truthful, balanced, informed but however go about lying without thought for whom they hurt and whom they mislead. They're a kind of sick type of individual, the type that would hold silent when someone is executed for a crime that the observer knows they didn't commit. Those that would be at your side when the sailing was fine and yet be disappeared when a storm arrived. People in fact that can't be trusted, nor be trusted for what they say or write. Which leads me to conclude on this point but however note that I anticipate to write again about the impact of the lies of vb and others, not just on David Bain, but on those that believed those lies and became something they wouldn't normally be - persecutors.

Tuesday, September 4, 2012

David Bain: According to the Rules.

It seems ironical to me that David's future is now 'According to the Rules.' I say ironic because every rule was broken in sending David to prison for 14 years for crimes he didn't commit. Other people broke the rules, foremost the Dunedin police, not just by failing to follow procedural rules for a homicide investigation(s), but basic policing rules that mean that police don't by some rule find evidence were none was previously and the whole system ignores the fact or nature of it's discovery, also rules that police must tell the truth and not later use lines 'that they would have told if someone had asked them.'

Think about that a little, if the police in this case knew something which was material to the truth they would only reveal that if it suited the case against David, but if it didn't they would hold tight on the evidence. Something like Weir did with the added evidence of Mrs Laney and Sanderson the vision and glasses specialist. They would even break the rule to investigate all suspects, not do, as DS Doyle did, ignore investigations of incest against Robin Bain and therefore a motive - because they (police)' had a murder to solve.'

So it's perplexing that the one who has had so many rules broken in order to wrongfully place him in prison is subject to rules none the less. In an ordered society we need laws and rules, in most cases they are for our safety and most people prefer to be law-abiding and respect the law because foremost it is for the common good, then the good of each of us individually. That sounds sort of nice to me until I reflect that David obeyed the rules, helped out police and much as he could and was repaid by having a case fabricated against him. Questions he couldn't answer, because he didn't know the answer, where left hanging over him as though guilt, propositions were put to him of which there could be no explanation but which left a spectre of   guilt. His most innocent comments were turned against him, his distress was weighed against him as guilt. The rules didn't help David. Even when the case went to the Court of Appeal, on the what was the second or third occasion, the rules were broken there as well because the Appellant Judges decided to act as a Jury, despite having misunderstood the evidence to such an extent that they spoke about the exit point of the suicide bullet when in fact it never left Robin's brain as is observed by the single wound without exit.

Reflecting on the whole situation one could gain the impression that David was the only one obeying the rules, whether by faith or morality he told the truth. When all else had left David, he held onto the truth that he hadn't killed his family and as later the correct evidence would show - he hadn't even been in the house at the time of their deaths. If one can imagine a nightmare, few alive today would know better how an enduring nightmare never leaves the perspective, reminders of it are all around - each content that they can never be escaped. So why have I written about rules today, what possibly drives this blog? The rules for determining the eligibility and quantum of compensation - attached below.

Today when people such as Bill Hodge explain for the public's 'benefit' what David will need to do to receive compensation but unable to resist entering a new scenario into the equation - that Robin was asleep in the chair when he was shot despite there being no evidence of that or any at all that he was shot by anyone but himself, we have the rules as set out on the Ministry site. Some of my friends sent the details to me, they were very happy and now I understand why having  read the rules. We know from the rules that had Justice Binnie decided to advise the Minister that compensation didn't apply the Minister simply writes to the applicant declining the compensation. If, on the other hand, the recommendation is Yes to compensation because the applicant is deemed to be 'innocent on the balance of probabilities' and so therefore the advice is Yes the Minister takes the recommendation to Cabinet. The Minister has already been reported that she will be consulting Cabinet, so under the rules - compensation has been recommended by the person tasked with the job.

I wonder how David feels now, as I wonder how he has felt for the past 18 years since his nightmare began. Could he be happy or indeed feel only crushed because life has crushed him so much since that morning in Dunedin when nightmares came to his wakened hours. I wonder how his supporters might feel, those that have never moved from him an inch.

Though I also wonder at the hate-siters whose names today will not grace this page. Those that threatened and lied, who even attacked young children, their parents or anyone that didn't agree with them. I hope their hate hardens in their veins, and for those that played a part in the false imprisonment of David Bain feeling no shame for doing so, today shame gathers at their feet and will forever more be the footprints they leave.

Somehow it seems fitting that there should be someone to thank but I wonder what for? It's hard to decide, for being decent, believing in the truth and searching it out? Because those that have, haven't done so for thanks but rather for something more tangible than the rules - for fairness, for you and I to understand that the truth is to be loved and that there is no rule for that.

Click to enlarge

Monday, September 3, 2012

Teina Pora: Police let the real murderer go..

Some things don't fit, because something is missing in the translation, the description, continuity - even common sense. The unease with which the conviction for murder against Teina Pora doesn't fit is extraordinary, not so much flawed logic that supposes that a lone serial rapist one night changes his modus operandi to work with someone else who doesn't rape the victim but instead kills her and blames 2 innocent men - conceptually rare by any account.

In this case apart from the 'confession' type statement of Teina himself, the 'supporting' independent evidence comes from prisoners who sang for their supper. The police needed to somehow put the two men together at some time and as far as I know they used the prisoners to supply not direct evidence but indirect evidence of what they claimed Teina told them. Now Teina told a lot of people a lot of things, and that started with the police when he decided he was going to drop a couple of mob members in it and collect the reward offered for information leading to a conviction of the rape and murder of Auckland women Susan Burdett. As is fairly well known the big flaw in Teina case showed up straight away when he couldn't identify the street where the house was situated and once 'assisted' with that couldn't identify the right house. That Teina would identify members of the mob, of which he was a prospect of some sort, would also be a flaw because the mob was surely going to get to know who had 'fingered' them. But once a story doesn't fit why not keep going because that's what the police did along with charging Teina himself. So much for his reward.

Of course when the trial took place the two mob members were acquitted because they had a alibi, though Teina was found guilty on what must have been 'where there's smoke there must be fire' basis. So the boy that had wrongly fingered the mob for a reward was suddenly doing a life sentence even though he didn't even know where the crime scene was or  where the victim lived until the police 'helped' him by saying 'we know you are really a good boy Teina trying to help us solve this crime that we can't solve, and because you're such a good boy we'll show you the house and charge you for the crime anyway.' Who knows what the first Jury were thinking when they found Teina guilty, I'm not sure that they knew that Teina had been unable to identify the right house but if they did it apparently didn't bother them, just like it hadn't bothered the police. By then it appears no one at all was bothered because Teina had been found guilty and the crime was solved to everyone's apparent satisfaction apart from sceptics and sceptics are always sceptical about things anyway.

Malcom Rewa was a serial rapist who acted alone. He was also a long term gang member of a different gang to the mob. In fact the gang of which he was a member didn't get on with the mob, they were enemies, shot and bashed each other from time to time, things like that. From what is known from the record Malcom Rewa raped alone, apparently even raping under disguise women he knew or who were friends or relations of others in his gang. In the investigation which resulted from the arrest of Rewa for his campaign, that had extended over decades, his semen was matched to the DNA recovered from the body of Susan Burdett. As it would seem quite remarkably this led to a retrial for Teina and two murder trials for Rewa resulting from Susan's death. This was despite that Rewa had never fitted into the picture previously but was now suddenly the prime suspect. He claimed having had consensual sex with Susan and after two trials was found not guilty of murder but guilty of her rape. Meanwhile Teina, against whom there was absolutely no evidence that he even knew Rewa, apart from two highly reliable crooks desperate police had found and who claimed Teina had told them the 'real story,' was found guilty of murder again. The doubts raised by the fact he was unable to find the home of Susan Burdett as he anticipated being rewarded, and that his story accusing 2 others of her murder was rejected because the men had alibis, was overcome by a couple of gaol house squealers. Two men who told the story as incredible as any Teina himself had ever imagined, they put the gang boss of the Highway 61 a man in his forties together with a 'trusted' youth from a rival gang in South Auckland. Well, I guess bizarre be-gets bizarre.

In the circumstances it was important to have some link to the murder scene of Teina Pora, who couldn't even find it a few months later, some direct evidence, some persons or person who could attest to seeing the 2 together were needed - a normal enough find if it was true and impossible if it wasn't. Imagining for a moment that Rewa suddenly acted out of type and found an accomplice, put aside that the 'trusted' one was a youth who presented as thick, who was unsophisticated, had no car, no money, nothing - then surely there must have been a tangible link between the two, being seen together but no the 'link' came  apart from that from a prison. This, courtesy of men paid in some way for their information and breaking the 'code of silence.' Quite why Teina would ever have confided in them anyway clearly was not a subject of intense interest to the police who instead of accepting they had the wrong man in Teina and the right man in Rewa, with physical evidence to prove the case, clearly decided to 'kill two birds with one stone.' The first bird being the embarrassment of police officers willing to even arrest Teina in the first place, taken that he even needed police 'assistance' with his confession, the second bird being Rewa - probably unlikely to ever get out of prison but a murder conviction would take care of that. Remember they could not give evidence of seeing the 2 together, probably because they'd been in prison at the time, they could only give evidence that Teina had told them they'd been together.

I get the impression that there was some disappointment among investigating staff that Rewa's dna was located because it undermined their credibility, although not to the extent it has now. Looking at it from another way, without the bullshit evidence of the 2 prison inmates, and the evidence 'against' Teina himself, being able to be rendered as obsolete, if not by the common sense that should have always prevailed, we see that Police effectively got the real murderer off. Even though Rewa was already in prison for attacks on 27 other women beside Susan Burdett, and would return there despite being found not guilty of the murder, he was effectively let go because a man who there was no direct evidence against, a proven opportunist and an unfortunate liar, was charged. If Teina had been let go as he should have been there seems little doubt that Rewa would have been found guilty of murder because there was no alternative offender. With Teina charged there was, given to the Jury, an alternative offender, without him then Rewa stood alone, as he should have, as both  rapist and killer.

Just going back for a minute. The only evidence against Teina was that apparently offered from his own mouth. So the Jury, indeed the Court allowed the Jury to pick among his lies for the truth despite in the incredibility of his tale. Looking a little deeper, they were asked to accept that some of his lies weren't lies at all but the truth, and that what he allegedly told those desperate inmates was the truth - how can anyone believe it. I'm sure the investigating police themselves didn't believe it but it was better than being outed as being principals in a Miscarriage of Justice. I'm sure they didn't believe it to the point that they'd would still however let a unsophisticated young man be tried for a murder he obviously hadn't committed.

What of Susan, or her family? Her brother Jim for example, who was quoted just this weekend last, of stating he didn't believe that Teina was guilty but that he thought Rewa was guilty of the murder. I can only wonder how they must have felt when Rewa claimed to have had consensual sex with Susan. They've been let down in a big way and continue to be let down - why? For the reputations of corrupt or inept police that were allowed to take this nonsense through our Courts. At some point the Judiciary take the blame, they've watched patiently for 20 something odd years as police have attempted to put a round peg in a square hole. If this disastrous case made any sense to any of the Judges that oversaw the trial or appeals, if there was no common sense that prevailed as to the weakness and unlikelihood of Pora being guilty before Rewa's dna was located what greater explosion did they need than that when it was. What greater cause than to see clearly that Teina Pora didn't know the victim, didn't know the street in which she lived, didn't know her house and was no where near her on the night Rewa killed her.

Updated 4/9/12:

Having earlier watched the TV3 60 Minutes show I must correct that there were witnesses who claimed to have seen Rewa and Teina together, but no mention was made of the  inmate witnesses who claimed that Teina told them of knowing Rewa. Those that did claim to have seen the two together had no corroboration of the fact. I still understand that there were 'witnesses' brought from the prisons to relate what they claim Teina told them and the 60 Minute show could only cover so much. The police have never disclosed whether the witnesses were paid or 'assisted' for their efforts and a fair assumption is that if they hadn't been the police would say.

I didn't know until watching the show that Teina turned down going home a decade ago in return for pleading  guilty to manslaughter. A fact which has resonated with me as to the dignity the man has found in his life. I also didn't know that Teina essentially turned down $50,000 in return for dropping somebody in it. Of course Rewa would have been the perfect person but that would have relied on Teina knowing at that time that Rewa was the killer, which of course he didn't because he'd never met the man and never been to Susan's home.

I note the efforts of ex policeman Tim Mckinnell (sp?) in fighting for Teina's freedom. I was shocked that so many of the files that he'd been given by the police were blacked out - we could call that The Justice of Darkness.