Sunday, February 23, 2014

So David Bain finally lands, softly.

I've been noticing a diminishing of the campaign against David Bain, a respite, a sobering as good sense perhaps or tiredness takes hold. Although it may have seemed a time that would never come, the campaign against David Bain is waning. There is little energy left for the 'twisted sisters' to continue, they've done their dash, written millions of words, pulled and stretched the truth of their position until the point came where even they realized their 'truth' was unbelievable, that their shame at being wrong is best faced by slinking into the shadows.

Of all the immovable objects between the Bain 'case' and the truth it's perhaps only 2 that were foremost. 2 that I have mentioned many times but which have no answer despite the millions of dollars spent trying to prove that black is in fact white. A person who is murdered by stealth does not have evidence of being in a fight left on his or her hands, nor blood, nor bruises, cuticle stained red and so it goes on. There always needed to be a complete answer to that from Robinson and Doyle who set in motion the 'case' against David Bain. An innocent, laying down dead person, murdered by surprise, doesn't have the remnants of crime left visible on his or her hands. So also the 2nd unexplained 'event' in the Bain case, a person strip searched by a police Doctor who fills out a prescribed form requiring fine and precise detail does not overlook injuries of either substantial or minor nature, nor scars, nor abnormalities or distinguishing features. If you add these 2 together it's clear why David Bain is innocent of killing his family and why his father Robin is guilty

Relatively recently, in a dying gasp from the hate-sites it has been explained that Robin 'only' had small amounts of blood on the palms of his hands, when he shot himself or by the alternative explanation was murdered. Suddenly the retreat is about the amount of blood where once the declaration was that he had no blood at all on the palms of his hands, and no injuries to his knuckles. To acknowledgement that Robin had blood on his palms means that there is agreement that he had been handling items covered in blood or made physical contact with his deceased family either before, after or during their deaths - though there was never an explanation in the Crown case for that. This is a good time to note that several people have been convicted on murder for having a single speck of dna on them, while in fact Robin had copius blood on his palms that couldn't have arrived there from his shot to the head. Moving on from cries that Robin is dead and not able to defend himself, none of his defenders have been able to explain why Robin, settling into pray as was his 'custom,' had bloodied hands. Or indeed why a 'holy man' would pray with 'small' amounts of blood on his hands or where he could have got them in the house where 4 other people lay dead - his estranged wife and 3 of their children, battered and shot in their beds.

So to the second fail:

The evidence which did exist - Robin's bloodied and bruised hands, were said to have been clean and clear of any evidence which pointed to him having killed his family despite the photos that show otherwise. Conversely a 'scratch' on David Bain's chest not seen when he was examined only hours after the killings by a police Surgeon - and despite not a single word in the Doctor's notes, nor a photograph when things of lesser importance were recorded was 'evidence' against David. Repeating that evidence which existed against Robin was denied by his supporters, meanwhile they argued that evidence which didn't exist against David, time relevant, proved he, and not his father was guilty. Despite that, great choirs, led by Martin Van Beynan for example and others, sang of evidence which didn't exist and ignored evidence which did. That is what a persecutor will do. A persecutor will not be fair, seek balance rather than flat denials, oversights or down right lies. A persecutor will say until they are blue in the face that Robin had no cuts and bruises to his hands nor blood on his palms, and at the same time say that David had scratches on his chest only hours after his family were killed - but there will no evidence of that, absolutely none.

After considering those like Van Beynan who deliberately left out compelling evidence against Robin Bain, but who 'used' non existent evidence  against his son in a campaign against him, then we see why David finally lands softly. Nobody can put blood on hands or take it off during an autopsy. Equally, nobody can leave evidence of being in a fight, scratches to the chest, hands or elsewhere out from a police Doctor's report or from supporting staff and a photographer. Nobody except a persecutor. But as we perhaps begin to see now, persecutors, the mistaken, or the misled cannot forever discharge bile in the face of facts. David Bain at last begins to land softly from terror where only 'small' amounts of blood are ignored and things which don't exist are crowed about.

If the vacuum effect test is applied to the Bain case and all evidence is suddenly disappeared apart from the Pathologist's report and photographs and that of the police Doctor, disallowing all the hyperbole about the funeral arrangements, the glass lens, the washing, the dog and on and on forever - then all that is left is the opportunity for a comparison between the 2 men's hands, the visibility or absence of blood on their hands, the visibility or absence of a scratch on David's chest, blood visible from the area of Robin's nose, marks on his hands consistent with handling a magazine, in short all the evidence of murder against one and none against the other.

Saturday, February 1, 2014

John Key on Teina Pora - does he get it?

Prime Minister John Key said the Privy Council decision showed the strength of the justice system.
"Somebody who believes there's been a miscarriage of justice can continue to test their rights and this is a very historical case, it's complex."
Key said some "interesting things" had been raised.
"But all I can say is everybody has the right to continue to test whether they are innocent or guilty.
"If they believe they are innocent they can put up a genuine case which is certainly the situation here where the Privy Council has given leave for Teina Pora to take his case back, and let's see what the Privy Council says."
Justice Minister Judith Collins said the decision showed the justice system was working.
"What it shows is the matter is still before the courts and the system actually works very well," she said.
"The decision from the Privy Council is simply that Mr Pora has been granted leave to appeal and so we now will go through the process and see what the decision is from that."
She said she could "not possibly" comment on why the Privy Council made its decision.
"I think it suggests that the Privy Council has found enough for them to be interested in looking further and that's quite a right thing to do if that's what they decide."
Pora did have an application in with the minister to consider granting a pardon.

A spokeperson from Collins' office said that application had been placed on hold at the request of Pora's lawyers, while they pursued a Privy Council hearing.

John Key is quoted above from Stuff that the Privy Council decision (in the Pora case to grant leave to Appeal) shows the strength of the Justice System. On the contrary it shows the weakness of the Justice System. It's only by virtue of the age of the Pora case that the man has been able to have his case heard at the Privy Council which is no longer available to New Zealanders as the highest Court. That right has long been swept away by a previous Government. John key says that this is a historical case, yet all the cases that emerge, as shown to be Miscarriages of Justice in New Zealand, particularly murder convictions resulting in life sentences, are historical casesThey become 'historical' because of the length of time it takes for such cases to be remedied. In other words using the word 'old' or 'historical' doesn't displace the urgency of resolving such cases it simply shows New Zealand's abysmal ability to correct injustice delivered through the Justice System.

John Key also notes that the case is 'complex,' again I disagree. The only complexity in the Pora case is that the police held a young man incommunicado under the pretence of helping him gain a reward, that he gone to solicit from them, but ultimately showed him the crime scene and used the teenagers below average intelligence as a weapon against him to extract a confession. When it was later revealed that the victim Susan Burdett's body revealed the dna of serial rapist Malcom Rewa, the police tried Rewa for rape and murder arguing for the first time the older man had been an accomplice of the teenager. He was found not guilty of murder, but guilty of rape. In a separate re-trial Pora was again found guilty. The only people ever able to place Pora and Rewa together were paid informants. There was no dna or physical evidence linking Pora to the murder, all the 'evidence' resulted from the information given to him by the police and stitched together in the first instance without the name Rewa ever being mentioned. All of this is now for the Privy Council to deliberate. However the decision of Pora's appeal is highly likely to join 2 other recent cases, Bain and Lundy where the PC found injustice had occurred that New Zealands Appeal Court had 'overlooked' for what were analysed as the Court placing themselves in the seat of a Jury and second guessing what they 'might' have decided.

So the word 'complex' used by Key is clearly linked to 'historical,' that is the amount of time that a case might take to wind its way through the system. However, that also reveals another reason why cases become 'historical.' Defendants are not funded to appeal. An inmate perhaps in maximum security, no income, no means is expected to pay their own way in order, as Key puts it,  to 'show(ed) the strength of the justice system.' Although in the Lundy case costs toward the hearing at the PC were granted by way of Legal Aid, that wasn't the case with Bain or to this point with Pora. Moreover, the Lundy 'costs' didn't include the work done by his counsel for years before being able to have the case heard in London. So another way the 'justice system' shows its 'strength' is by inhibiting appeals, shutting the door on them unless a convicted person is fortunate enough to have help offered at no cost - yet even then the hurdles will remain in place. I say that because there is none of the current controversial cases where the police or prosecuting authorities have taken a 'fresh' look at the ambiguities of the Miscarriages of Justice and not contested them at appeal or at Trial. In fact in Lundy it took prosecutors some 12 years, or so, to have over information from it's own file and experts which stated that Lundy should not be convicted on the basis of degenerated dna. 14 years, adds a long time to history, or making the case 'historical' as our Prime Minister comfortably describes in his 'health report,' that neither mentions lack of funding, and indeed a Superior Commonwealth Court that New Zealanders are now denied by their own Government.

Turning to the comments of the Minister of Justice above, in particular this ,,,,,,"The decision from the Privy Council is simply that Mr Pora has been granted leave to appeal and so we now will go through the process and see what the decision is from that."
She said she could "not possibly" comment on why the Privy Council made its decision.
"I think it suggests that the Privy Council has found enough for them to be interested in looking further and that's quite a right thing to do if that's what they decide."  

We are treated to a version that is 'simply' that Pora has been granted leave to appeal. That 'simply' has been the highest possible hurdle for a convicted person, with no money, no lawyer, possibly no public interest in the case and a Minister that seems unable to comprehend is not in anyway the constitution of the word 'just.'

The worst feature of the Pora case will be that 'historically' it will be revealed that the police and Crown were in bed with the real killer Rewa, and essentially let him go to 'cover' their framing of Pora.

Correction added 2/2/14: It appears that Mark Lundy also did not receive Legal Aid to take his case to the Privy Council. This adds further emphasis as to how wrong the Prime Minister is with his claims that the 'justice system' is working unless one considers 'working' as meaning imprisoning the falsely convicted and leaving them to their own devices or the help of others to find their freedom.