I've started this blog to share with those that may be interested in sports, books, topical news and the justice system as it applies to cyberspace and generally.
Thursday, December 20, 2012
JFRB - a facade of madness?
In the aftermath of Ian Binnie's decision that David Bain is innocent on the balance of probabilities there has been a shift in the pro-Robin sect, a very major one in fact. No longer is the police investigation 'copy book' or perfect. It is now the reason why Robin is innocent; because police mishandled the investigation. This is a major concession by the hate-siters but one which they denied for nearly 2 decades. So things change, but not so blindness.
Always the hate-siters have fixed on key phrases, misleading or false evidence, now they focus on a poor police investigation as their cornerstone position. What is interesting to me about this is the overall picture which shows that the hate-siters will never be capable of accepting David's innocence and that it is them as much as all else that has gone 'wrong' in the system. It is they that believed David said he hated his father and look at that misleading claim to overshadow all else. So each step of the way their intransigence has moved step by step, discarding one false 'idol' for another. Overall, this has presented a bigger problem for Justice in New Zealand, and reconciliation of the Bain case than anything else - pacifying pure, blind hatred. People have adopted Robin Bain, or at least his cause of 'innocence' to fulfil something amiss in their own lives, this appears to have given them a purpose that could possibly fill angry, sad, or lonely lives with a bonding of one another. For many years we heard the phrase 'right thinking New Zealanders' a catch cry thick with the premise that the hate-siters were right thinking and those that didn't agree with them were not.
In itself 'right thinking' implies some admirable characteristics, of fairness, kindness, compassion, a willingness to observe and search for the truth. What a rally cry that was, the police investigation was 'copy book,' David was found 'blood covered,' he was psychotic, his mother was weird, his sisters were attention seeking liars and so it goes on, not displaying a single element of what 'right thinking' implies. There was no calmness, no careful search into points made by others to the detriment of David or The Justice system, everything was accepted and rejoiced and no challenge made to the veracity of it. There was nothing to worry about with Robin's hands being battered or bruised, - why he'd done it fixing the spouting the previous day, and yes, he wasn't very clean and would have not washed it off, or even stuck a plaster on it. Everything was peachy and rosey, because David's footprints were in the murder scene and Robin's were not, suddenly when the situation was reversed the experts were attacked. In fact anyone with a contrary view was attacked, it didn't matter how qualified their opinion was, how much the truth and sensibleness of it was shown - they were in fact 'liars' experts for hire and so the whole mess carried on, and still does.
At the moment the Binnie decision is looked at in isolation by the hate-siters. He is being fully attacked without seemingly anything from the wider picture being considered apart from the police investigation now been claimed as shoddy by those who earlier gave it applause. But the Binnie decision isn't in isolation, like the strands of the rope of the case against Robin Bain, it is another, a very binding and thoughtful one - the one to this point which shows the durability, clarity and simpleness with which the Bain case will be treated in history and how the hate-siters will and are being relegated to other extreme groups in history who burnt 'witches' and within New Zealand frothed over the persecution of Peter Ellis for crimes that didn't exist apart from in their own minds.
Where once David stood convicted after what was later declared a mistrial the story didn't stop there. The Crown made the decision to retry David, much against the less than subtle hints from the Privy Council. The Crown went ahead using a team of 26 or so detectives for 2 years to put the case 'back together' spending deeply on 'expert' advice, bringing together a 'formidable case' that basically collapsed on day 1 during the cross examination of ex Detective Sergeant Doyle who among other things failed to run the inquiry properly, failed to gather evidence, failed to investigate Robin Bain, failed to materially focus on anything but his 'feeling' that David was guilty. A man who, as Binnie's report shows, thought the functioning of an old, unreliable washing machine was a 'key' in the case against David Bain. Much is revealed about the Bain investigation by the thoughts of Doyle about that washing machine, simple mindedness and naivety that was unable to judge the seriousness of consequences of allegations of murder. A person who thought a washing machine told a story greater than the bloodied hands of Robin Bain, hands not hidden from view, hands that didn't rely on an unreliable functioning machine, hands that bespoke murder. What ever can be said of Doyle and his commanding officer it can not be of thoughtfulness and devotion to Justice, for they denied Justice and even when their investigating errors were made obvious they held on.
Then of course the second Jury spoke, somewhat in record time but soon to be attacked by Martin Van Beynan and his chorus of frothing mouth disciples of hate. The same disciples would quickly say they welcomed the inquiry of Ian Binnie and respect that decision, again apparently holding undue 'confidence' that they were right and sensing a reprieve from the public perception of their insanity and hate. The last few weeks have shown they would not respect that decision or any other that cast them into the role of being wrong. Being wrong is one thing but of course a vendetta of hate is another. Folks whose opinion doesn't hold don't go looking for revenge, but a hate-siter does. Nevertheless there is a tide against them now which will never be turned back. Robin's hands will never again be blood free, never again will he be held to have no injuries consistent with having been in a fight, the future will not ignore his blood found inside the rifle, his bloody footsteps about the murder scene, that he turned the computer on which held the suicide note. That tide is risen above by clear Judicial procedure, the unanimous decision of 5 Law Lords, Queen's Counsel, a Jury, and now the clear reasoning of Ian Binnie who took into account all that the hate-sites offered by way of their 'right thinking. Binnie does not stand alone, never did, nor the Privy Council, the Jury or David Bain who naively helped his captors enslave him to persecution.
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Totally agree Nostalgia
ReplyDeleteBinnie and the Privvy Council have just offered 'opinions' much like the Thomas Royal Commission 30 years ago, surely you know that the only valid legal opinions are formed in the media.
Personally I found the Fisher criticisms very academic, Binnies reasoning and conclusions sound, I note fisher hasn't even studied the evidence, To me where he refers to the rope of many strands this is totally frayed, easy to pull apart and what extra weight should be added to the cumulative effect of 5 or 6 weak pieces of evidence??