Bain gets a retrial

**cowpoos** · 11th May 2007, 14:03

Originally Posted by Hitcher

Prediction: The Crown will decide not to take a second trial against David Bain (he has already spent 13 years in jail), and he will be released next week with his conviction quashed.

BTW!! hope you sinbin the crown if the do that too!!!! or at least infract them!!

**MSTRS:Me** · 11th May 2007, 14:11

If the conviction is Quashed, the doubt over his guilt or innocence remains. I agree, a new trial may simply be too expensive to justify on the grounds that David has served over 80% of the original sentence.
I also hear the bells of compensation ringing loudly to the tune of millions.
David could then go anywhere in the world where he is unknown and enjoy a far better rest of his life.

**inlinefour** · 11th May 2007, 14:20

Originally Posted by riffer

Perhaps the whole story will be told this time...

Ain't it supposed to be innocent until proved guilty???? Maybe another instance of justice gone fucked up yet once again in Aoteroa...

**Squeak the Rat** · 11th May 2007, 14:22

Originally Posted by Hitcher

Prediction: The Crown will decide not to take a second trial against David Bain (he has already spent 13 years in jail), and he will be released next week with his conviction quashed.

Wow, amazing.

Originally Posted by Squeak the Rat

The media is suggesting that the government might not order a retrial and just release him. But I believe if compensation comes into the equation then a retrial is necessary.....

**cowpoos** · 11th May 2007, 14:29

Originally Posted by MSTRS

If the conviction is Quashed, the doubt over his guilt or innocence remains. I agree, a new trial may simply be too expensive to justify on the grounds that David has served over 80% of the original sentence.
I also hear the bells of compensation ringing loudly to the tune of millions.
David could then go anywhere in the world where he is unknown and enjoy a far better rest of his life.

getting a visa might be a bit of a bitch though!!

**MSTRS:Me** · 11th May 2007, 14:33

Originally Posted by cowpoos

getting a visa might be a bit of a bitch though!!

Why? If the conviction quashed and there is no retrial, then it is as if he were never tried in the first place.

**cowpoos** · 11th May 2007, 14:37

Originally Posted by MSTRS

Why? If the conviction quashed and there is no retrial, then it is as if he were never tried in the first place.

I doubt it will be quashed...

**Hitcher** · 11th May 2007, 14:39

It has been quashed. That's what the Privy Council determined yesterday.

**Maha** · 11th May 2007, 14:39

Originally Posted by Squeak the Rat

Wow, amazing.

Not so....you can see the one they call ' Gypsy Hitcher ' at any sideshow/fair/gathering in the Wellington area most weekends, hes very good but looks but looks fucken' silly in that jersey....

Bit like the one Mr Bain wears....

**cowpoos** · 11th May 2007, 14:46

Originally Posted by Hitcher

It has been quashed. That's what the Privy Council determined yesterday.

wasn't the quashed refering to the crowns position on a retrail??? correct me if I'm wrong please?? but thats what I gathered...

**MSTRS:Me** · 11th May 2007, 14:49

The privy council determined the conviction was unsafe and declared it 'quashed'. A new trial would not be desirable from anyone's pov after all this time.

**Maha** · 11th May 2007, 14:51

Originally Posted by cowpoos

wasn't the quashed refering to the crowns position on a retrail??? correct me if I'm wrong please?? but thats what I gathered...

You are right....there is no payout due to the convictions being quashed, (cos thats what would happen right $$$?) there will be a retrial.

**MSTRS:Me** · 11th May 2007, 14:57

Originally Posted by maha man

You are right....there is no payout due to the convictions being quashed, (cos thats what would happen right $$$?) there will be a retrial.

If a conviction is quashed, then for the 'defendant' it is as if s/he was never prosecuted in the first place (legally speaking). In David's case he has spent 13yrs illegally detained. Either - he will be retried, found guilty and spend a further 3yrs inside - or he will be found not guilty and be in a position to claim compo - or the crown will decide to not retry and he will be in line for compo.
Any which way, we're all shafted again (in the pocket) because of dubious police work/ethics.

**Maha** · 11th May 2007, 15:00

Originally Posted by MSTRS

If a conviction is quashed, then for the 'defendant' it is as if s/he was never prosecuted in the first place (legally speaking). In David's case he has spent 13yrs illegally detained. Either - he will be retried, found guilty and spend a further 3yrs inside - or he will be found not guilty and be in a position to claim compo - or the crown will decide to not retry and he will be in line for compo.
Any which way, we're all shafted again (in the pocket) because of dubious police work/ethics.

Knew i should have stayed on a bit longer at Law School!!....