The Bain Case: Another shadow?

While speculation builds about the detail of Ian Binnie's report into the circumstances surrounding the false imprisonment of David Bain I have been concentrating my expectations on details on the inquiry, hidden evidence, biased media reports and so on. The following has reminded me that the report may not only include such things, additional to a narrative showing David innocent on the BOP one speculator considers that the report could go further as the following suggests....

'Actually, I think he is quite likely to say that the supposed evidence of David’s guilt only stands up if viewed from a prior stance of guilt. It is an issue that has prevailed throughout the case from the very start, and has clearly coloured the judgment of the appeal courts and Crown prosecutors.

He has been asked to report on the circumstances of the case as well as on innocence, and I think this is significant in the circumstances. You may be right, but I hope you’re wrong J   

Fairly hard to argue that the circumstances Ian Binnie has reported on doesn't include a 'prior stance of guilt' adopted by first of all the police but indeed also the prosecutors, Courts and Appeal Courts - because they too got it wrong, possibly also deliberately. It's easy to see that the NZ Courts were indeed influenced by a prior stance of guilt. While I've been critical of that stance earlier I had assumed, as I've written earlier, that the blame would begin with the Dunedin police involved in the inquiry and go little further. Even though it is the case that I've always seen our Courts as complicit in the Miscarriage of Justice perpetrated on David Bain.

The circumstances are clear, our Courts failed badly in the Bain case; particularly so when it became apparent that evidence had been with held and that a mantra of guilt was being sung in the popular media, most apparently under the tutorship of the self-acclaimed expert on the case Martyn Van beynan. When something was torn down in the Courts there would be replies in the media such as 'no evidence' against Robin, 'scratches' on the chest of David from a fight with Stephen. It's hardly likely that any informed Court was ever going to accept such 'evidence' when it was not contained in the transcripts but something very odd was at work. The Court of Appeal referring to an exit wound of Robin's head that the records shows didn't exist is a strong clue that if they were aware of all the evidence that they didn't understand it, even before they put themselves in the role of a Jury, knowing full well that wasn't their precinct.

Whilst they were willing to assume the role of Judges and Jury they were never mindful of the beast that lurked in the background even though it yelled out loudly of a MOJ. No meaningful inquiry into the prime suspect, a lens found after previous searches, a witness confirming that David couldn't have been home when the computer was turned on and the last message from Robin written, another confirming that the glasses said to belong to David did not, the red material under Robin's nails, the damage to his hands and the blood on his palms, his fragile mental state, the used cartridges kept in his van and so the list goes on. Just one of those points was enough to hear the message of a MOJ - but no it was ignored and instead our Courts looked to put fantasy together to withstand solid proof of innocence and even more solid proof of a deliberate MOJ.

That beast could first be heard the morning DS Weir reported to DS Doyle of finding a lens in a room already searched, and as Lee Hinkleman points out 'apparently' seen or shown in a photograph taken days before it was 'found.' Even by then Doyle had already 'decided' not to investigate the main and obvious suspect because he had a 'murder to solve.' What other language would any Court or tribunal need to identify that a culture of a prior stance of guilt prevailed. In NZ obviously a lot more, with all the clear evidence of suicide, other evidence to show that police had deliberately withheld evidence which in every case was unhelpful to them and not David yet still our Courts turned a blind eye - a common practice or a one off?

Money says a common practice in at least some cases, certainly the Bain and Thomas cases, also that of Pora, Allan Hall and perhaps one presenting as another of the worst - Scott Watson. So my correspondent says that they hope I'm wrong in my evaluation the report will not extend to the Judiciary. Well, I in fact also hope I'm wrong. If the Thomas case is still stalled after 30 years when others should be charged for being involved in the murders, or the framing of Thomas, we do need Ian Binnie to have analysed what has, and can wrong in our Justice system at the level of the prosecution and Judiciary. Fingers crossed on that.