It's been a 'big' week for the hate-siters one in which it appears they felt sure they would bounce back from the 'shocking news' for them that David Giles had demonstrated on TV3's 3 Degree show the high probability that David Bain is innocent and that his father, the late Robin, had not only killed David's mother and his three siblings but suicided in a 'classic' way in the lounge of the family home in Every Street Dunedin.
The hate-siters or the 'twisted sisters' as I sometime call them fought back earlier in the week when one of their administrators Melanie White complained that the 3 Degrees programme had been biased. Interestingly, the 3 Degrees show followed experiments on the murder weapon under observation of the police, scientists and various experts, in as much that observation was recorded it is hard for me to understand why something 'observed' requires to be balanced and how that balancing act could take place anyway. As some may have seen, 3 Degrees, invited long time 'expert' Martin Van Beynan onto the show last night no doubt to allow Martin to provide some 'balance.'
In as much as no other individual in New Zealand has contributed so much to the controversy surrounding the Bain case this was expected to be high, real life, drama. MVB has crowned himself an expert on the case and in the last week many commentators critical of David Bain have been quite flustered by the 'discovery' of David Giles that had been overlooked by police, experts and the public alike, creating an air of doubt and unease for those so use to rubbishing anything they could about David's acquittal, his compensation claim, and often referring to the 'expert' reports of MVB. Reading the Counterspin site before the show one commentator 'Charles' was glowing in his praise of the expertise and knowledge of MVB and predicting that the outcome would be positive for the battered campaign of the hate-siters.
Rather than seeimg a coherent and thoughtful speaker, MVB came across as unsure of himself, even confused. He wasn't able to get into stride, he may have realised too late that all his arguments which had been dismissed by a Jury, and by Justice Binnie, in his review of the evidence, had long ago lost their impact for many people, and those with a dispassionate view were most likely expecting a reasoned argument regarding the 'Giles find.' It never came, so weak was the MVB response that it culminated with a claim that police would 'probably' come up with something to explain what the expert MVB could not. I got the impression that live MVB was out of his depth, not only regarding his lack of knowledge of the Bain case but without his 'supporting cast' in the media - the hate-siters who would quote his misinformation about 'mountains of evidence' accepting a one sided biased observation about the evidence gleefully.
Martin claimed to have 30 points, which became 20 and finally he decided on 5 which would deflate the possible gsr evidence, yet they were all rejected or explained evidence that he merely parroted in a mantra type way, not directly or even remotely touching upon the key finding of Giles. I think most people would appreciate a school yard style argument where one boy, having not been able to match the other, brings up something else miles from the point of the argument - MVB demonstrated that last night almost to the point that revealed him as a fraud. I expect a 'investigative journalist,' if he didn't have something critical to add, would not skip to well-worn peripherals. In fact I'm sure a bona fide journalist would do that because he or she would not have invested in being right, would instead be interested in the outcome and open minded. That's what journalism is about it seems to me, discovery, not fear of being wrong, perhaps most of all it's about the New Zealand quality of appreciating fairness and not being bitter, disturbed or put off stride to discover that a wrong route had been taken.
But MVB is not a fair man, if was he would not still be repeating mantras which have been disproved. He would have long ago reported the critical factor of Robin's dna being found deep inside the rifle - the result of an upward contact shot. He would have accepted that blood smears on Robin's palms pointed firmly to his guilt and that the characteristics of his suicide, contact upward shot and put the statistical support for suicide in the above 90% region. This before the most basic approach of comparing the hands of the two 'suspects' - Robin's being bloody and bruised and David's clean and uninjured. He would not have searched for ridiculous arguments of Robin having injured his hands fixing guttering, injuries, in the case of the gsr 'burns' which showed in a photo but which were gone by the time of autopsy. 'Burns' with an alignment to the magazine width.
However right from the start, like he did last night, and which his followers from the hate-sites repeat, he would answer one piece of evidence pointing to Robin by parroting other evidence that he believed pointed to David. As I've written above, school yard stuff not effective and searching journalism, rather complete, biased, nonsense. All reasons why I believe MVB gave such a stuttering performance, he knows he has been found out and it makes him feel sick. He realises his 'investment' has been pure persecution swallowed up by nutters who can't and don't want to think for themselves.
For those that saw or heard the evidence of Dr Dempster, the Crown Pathologist, at the Bain trials, compare Dempster's response to the possibility of other explanations for evidence - completely neutral and unthreatened by it. Dempster did not burst out with the claim that he was the 'expert' and therefore he was not to be questioned on his commitment is to his science and the truth of it. MVB 'double faulted', he couldn't appreciate that many were critically interested in the 'Gile' evidence and would not be swayed by talk about 'pristine' fingerprints, full bladders and gurgling. He finally revealed himself as having missed the bus and having had mislead the NZ public, now the only question that remains is why?
Well, naturally. He stammered and faltered, he cast around for something to substantiate his belief in David's guilt which appears to be a matter of faith for him, not a matter of cool-headed analysis.
ReplyDeleteAnd that's not surprising. Van Beynen has made considerable capital of his determined opposition to the possibility of David's innocence. He has flourished the PCA report as if it were some holy sacrament. He won an industry award on the back of the poorly reasoned and more-than-somewhat dishonest article he wrote immediately after the retrial. He manipulated public opinion during the trial by selective reporting which was either deliberately biased or unprofessionally sloppy. He failed to declare his police connections as would have been proper for unbiased court reporting.
There ain't no easy way out of this for him. Nor should there be. The huge wrong done to David Bain by our country was and is exacerbated by Van Beynen's writing. He deserves the opprobrium that is coming to him.
Can't readily dismiss the idea that it might be 'a matter of faith' for MVB. He has manipulated public opinion during the trial and since to an extent possibly never seen before in New Zealand, that he appears to have no qualms about that despite the case against David having disintegrated is alarming. He is someone, who had the death penalty been still in practice, probably may have gloated over his success had his effect on public hostility toward David been able to be translated to the Jury.
DeleteApart from the obvious family link with his older brother being a senior police officer, and not wanting to accept police ineptitude and corruption, I think MVB doesn't like being wrong.
ReplyDeleteIn this case, that wrong has two different sides.
Firstly as a jounalist, there must have been a moment where he got to decide how he was going to play this. He chose the easy road, the one that at the time meant the majority believed David Bain was guilty. That road would save him the bother of researching the alternative. He simply had to regurgitate the existing data, and add his own flare to it. Once he had 'bought' his stance, he then had to maintain it, to reject it at any point would not only be rejecting the 'family tie', but it would reveal his weakness for picking the easy path. To veer off that pathway now would be too difficult, no matter what evidence is produced - MVB will always have an excuse for it. Last nights program revealed his laziness - he was unprepared, he had none of him own material, because he simply does not have any. He has his rehearsed mantra, and nothing else.
And then there is the second reason - the elephant in the room. The Bain family were part of the Otago community. They were a 'religious' law abiding, semi-hard working middle class family. Ordinary people, who lead (at least outwardly) ordinary lives. Bain could have been 'Bloggs'. A pretty successful oldest daughter, a bit of a rebel young daughter, a geeky glasses wearing oldest son, and a 'clown' - baby of the family. Mum and Dad both teachers - the family were the epitome of 'respectability'. Well at least on the outside. As we all know they weren't in reality.
Martin Van Beynen can't accept or acknowledge what really happened in the Bain house, because of what the truth says about him, about all the apparently 'respectable' families out there. The school teachers, the arty types, all the people that are meant to be law abiding, and certainly not murderers. To admit the Bain family, in fact any family could dissolve into what they did, just says too much. As the article in the Daily Blog said, far better to blame the geeky son, call him a psychopath, than to accept what happened to the Bain's could happen to any of us. When we live in a society that ignores those that need help, that ignores the dysfunction, and lets family's get to the point the Bain family did - then there is no 'normal'. Martin Van Beynen cannot accept it, and will not accept it.
Of course by not accepting it he exposes the 'flaws' he set out to hide in others in himself.
DeleteThought it was a double own goal from MVB and also the dumb blond from CS who made the complaint to the BSA about the program.
ReplyDeleteYou are totally right MVB's reporting is a joke!
Own goal yes, but on the biggest stage of his career - something I don't imagine he can live down.
DeleteWell Done Nos
DeleteYou always said that you could solve this case by comparing Davids and Robins hands, this just reinforces it.
Van Beynan and Laws are pathetic, they are in no position to speculate on what the marks 'aren't', thought Laws especially was a total hypocrite in his SST piece. The man is a joke!
You are totally right in that there are a number of cases including this that need sorting, Lundy, Watson, Pora etc. The way the system looks after itself is a joke. Lets hope we will eventually get resolution starting with David
I haven't wasted a moment of my time reading anything van Beynen has had to say about the Bain murders/suicide since I read this............After sitting through almost every minute of the David Bain retrial.............I have however just watched the 3rd Degree program only because you have done an item on it Nos.
ReplyDeleteThree points...........I couldn't help noticing van Beynen said at the outset "because we know" then very quickly changed that to "I know". I would be interested to know who "we" are, my guess it is his brother.
He goes on to say "If police could have got GSR testing equipment in time" (or words to take effect) they could have tested for GSR. Forensics were prohibited from entering onto the property for three hours after police had secured the scene. What was wroung with usu=ing those three hours to get a simple swab to test with.
It is about time these idiots acknowledged that testing for GSR was absolutely vital and had they done so we would today know who used that gun..
Apart from that I got tired of listening to his bloody cough cough splutter splutter.
Imagine the conversation van Beynen had with van Beynen prior to the progrm.
Ray........They have got us by the balls help us out again will you.
Martin.............. Sure will bro no matter how stupid it makes me look.
He looked stupid no doubt, and bewildered to find himself in a trap of his own making that he had set for an innocent man.
DeleteSo what will happen to Martin Van Beynen if David gets compensation, or it the tests prove that those marks are most likely to be from the magazine? Do we think he would apologise? Did he say sorry to Ellis and all he put him through?
ReplyDeleteI think he did apologise to Peter Ellis though I've never actually read the apology. The fact that he took the same 'single view' when reporting the Bain case shows that any apology he has made in the past, or would do in the future, is virtually meaningless. A genuine apology would have resulted in a great deal of care in the future when reporting, ensuring both sides of the evidence were put forward and any comment or 'opinion' would be thoughtful and not from a 'position.'
DeleteOn Wednesday night perhaps VB finally saw the damage he'd done to his own reputation and may have been aware that there is more to come. Compare this man to Peter Mahon, Pat Booth, Jim Sprott and others to see how far VB has let his reputation fall, and in that, not a single sign from the man that he can even appreciate the hate he has cultivated and the damage he has caused by not exercising the most natural thing for a kiwi, being fair.
There camp is on fire and the best they can do now is throw more petrol onto it. As we speak Judith Collins is in panic mode and consulting with her new PR adviser Cameron (I don't care where as long as I can bludge a benefit) Slater devising a plan soooooooooooooooo cunning you could pin a tail on it a call it Cameron Slater to get them out of this bind. Mark my words it will be a dooooozy
ReplyDeleteCollins perpetuated that a 'new' Law was needed to stop cyber bullying and stalking that has resulted in teenagers in particular self harming and worse. She 'promised' there was a 'new' law on the way leaving no uncertainty that nothing could be done for the vulnerable in the mean time - yet Law was available and the Courts were prepared to act upon it. In the Bain case some were badly effected by the Minister donning the robes of an ancient King or Queen, but in her message to parents and teenagers caught in cyber warfare effected far more, into the 100s maybe 1000s.
DeleteCollins is a bully, add Cameron Slater, a known cyber bully, to the mix and not only is the whole thing hypocritical, but also dangerous. Neither Slater nor Collins understand the concept of justice. Put those them with Kent Parker, and you have the perfect Trio - narcissism rules!
ReplyDeleteThe link between Collins, Slater and Lusk is of real concern to many in National, including those at National Board Level.
ReplyDeleteThere have been many adverse comments made to MFAT seniors abroad by Commonwealth legal experts who have been shocked by Collins' actions. They have added their voice to the six (6)international legal authorities (Five PC Law Lords + Binnie) that have supported Bain. Moreover, the disclosure of the 34 bullet point Collins instruction (inferred) to Fisher has caused great concern, even in New Zealand legal circles. One senior barrister wrote to me on the matter in terms that cannot be repeated in a public forum. Suffice to say he nailed Collins and Fisher in no uncertain terms. It is known that Binnie is now aware of Collins issues instruction (he was not previously), and that will add significantly to John Key's problems.
But back to the NP Board. Slater does NOT draw any water with the board, nor with any of the regional (North, Central, LNI and Southern)committees and their Chairs. Slater is regarded as a bitter, twisted, self-aggrandising fool. That may be harsh. But his views on many issues are quite irrational, as is his commitment to Lusk.
The comment on MVB and Ellis is interesting. After Lynley Hood finished with that case I would have thought he would have offered Ellis a wholehearted, public apology.
In terms of all these issues, I take a macro view after reading the key documents rather than evidence. I do not have a micro grasp of evidence as have you N-NZ,(plus Rowan, Judith and Kanz from Kiwiblog). Your persistence and attention to detail is providing a real public service.
Collins, Key, Finlayson, Little, Shearer, Heron et al would do better to heed you folks and Binnie rather than the serial adulterer/porno ex judge.
KBO
Overall it's a judgement situation. There is no point in fighting the Bain case, David Bain in particular any longer. The horse has bolted long ago, for at least many years into the future more will emerge that show his now proven innocence and the horror that resulted from the police investigation. There is no point fighting that, trying to put the genie back in the bottle or adorn the truth with lies and deceit. I see it as not only reflection on the character of Collins but poor political judgement. Binnie certainly never descended into the arena despite Collins calls to meet him there where an assassin waited for him, herself. How foolish of her.
DeleteIt is not only poor judgement but arrogance, a politician imbibed with power and fools willing to help her manipulate the truth. She has never clearly understood that her every move is transparent, her 'rally' calls predictable, the allies she chooses to help with the dirty work unreliable and sure to falter under pressure. In fact her arrogance has clouded her 'judgement' to the point that she has lost caution and become flippant when judging how easily she considers the public to be fools and how readily they can be fooled. She may yet understand that it is the public judging her.
I think Collins arrogance will be her downfall - or rather I hope that it will be. It never ceases to amaze me how many people embrace her style, but will they do the same should she get the top seat?
ReplyDeleteNot so long ago, personalities like Cameron Slater would never have survived two minutes in the public arena, now they are welcomed, and used by our politicians at will. But Collins needs to be wary. People like Slater are temperamental, unbalanced and narcissistic. Collins may think she is in charge, with her minions dancing to her tune, but she is wrong. When the time comes that she cannot provide Slater with what he wants, he will turn. And we all know the power in the flick of a whales tail.
First of all I want to try and maintain being pragmatic. David's case is one of many that need to be sorted. I look at them (the cases) as a positive challenge for the Government as something that needs to be addressed and put right. Joyce seems infinitely capable of that, well able to cope in being pragmatic without the need for personal investment or with one eye on political aspirations.
ReplyDeleteThe country has a history of 'closing ranks' and denying problems particularly within the Justice system when in terms of social justice New Zealanders otherwise excel. Admitting that the Justice System has been the popular whipping boy for decades would be a refreshing change, one that kiwis could accept where things have not always been done properly and could be improved. Collins has 4 or 5 known injustices on her plate to deal with right now, each of them individually as big as the Thomas case, if she anticipates 'fighting' them all of she is rendering Justice in this country to the dark ages. New Zealanders deserve more and would readily accept a more 'robust' use of the Prerogative Powers of the existing Crimes Act.
The quiet 'revolution' is already happening 'case law' has found a way with the Bain case to involve the Courts where Justice is denied, and in the Paora case delayed. Whether Judith Collins likes it or not the tide has already turned against politicians donning new clothes to administer the law according to their whim. If we are expecting something more 'dramatic' we probably will not see it, so significant is the challenge of David Bain over his rights he claimed were denied by Collins. There is not a single Minister in the future who will be unaware that they are subject to obeying the Law and ensuring due process. Collins may have already damaged her political aspirations by what she revealed to the international community of ruthlessly plotting against a innocent man trying to use the Law for redress, and that is even before the way she treated Justice Binnie is considered, a fellow Lawyer - these now become her badges of 'glory.'