Bain gets a retrial

[eliot-ness]

What are the odds that the guy in charge of the investigation is due for retirement in the very near future?

[Skyryder]

I've never been too sure about Bain one way or the other. Seems to me the strongest doubt is that Bain had no motive whereas the father did. However no evidence of Bain's father mental condition was ever bought in front of the jury. Like I said I'm not convinced of his innocence only that sufficent doubt exists of his guilt.

Skyryder

[Squeak the Rat]

While I'm not convinced that he's innocent I've always felt that there was sufficient doubt over the investigation to have warranted a re-trial.

Fucking cops always sticking up for your own......

Oh, wait. I agree.......

It's a very interesting result. 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.....

[MyGSXF:Me]

I'm with Lias & Skyryder.. I was never convinced he did it.. what motive was there!!?? Where as the father was heading for major shit street with the daughters alligations of incest!

Personally, I feel that no one will ever REALLY & TRUELY KNOW 100% if he did it or not.. except HIM!

[terbang]

Where as the father was heading for major shit street with the daughters alligations of incest!

Ahh yes I remember that. A wierd bunch I reckon but I tend to go along with ya there, noone will ever know 100% but at least Bain gets a second chance to defend himself. He sure has lost a heck of a lot hasn't he...

[Lias]

the daughters alligations of incest!

I'm pretty sure she was hot so who can blame him *grin*

[Dooly]

I wonder if he's still got that red cardy.

[MSTRS:Me]

If Gil Grissom had been on the case back then, there would have been no fudged evidence, and we wouldn't be having this conversation now.

Apart from GrahameeBoy, there wouldn't be a person in the country that doesn't have a (strong) opinion on the case. David needs a new trial to clear his name once and for all. Good luck finding a jury that has no preconceived ideas, though.

[Phurrball]

(snip) Like I said I'm not convinced of his innocence only that sufficent doubt exists of his guilt.
Skyryder

That would seem to be what the decision is saying - an unsafe conviction for procedural reasons...

(snip)Good luck finding a jury that has no preconceived ideas, though.

Therein lies the rub. I have my own thoughts, and on balance I believe that he is the most likely culprit - but that is not the criminal burden of proof, and it is possible that he didn't do it. In legal terms that adds up to an acquital...

A legally fascinating result - but none of takes away the feelings I'll forever have associated with that frosty morning - the walk to school past Every St, the news being broken in German class, the subsequent special assembly. It wasn't a nice morning to live in the greater Anderson's bay area, or be a pupil at Bayfield High School...everything about the case gives me the heebie-jeebies, but it's still legally and factually interesting.

Anyone get their mitts on the PC decision yet??

[oldrider]

Beyond all reasonable doubt? Not in my opinion.

Did they (the Police) look deep enough into the wider (weird) family for someone else with a motive?

They (the wider family) sure got rid of that house pretty quickly. (evidence?)

I just can't help wondering why! John.

[Pixie]

He's gotta be guilty
He called the Policeman a liar
He's gotta be guilty
And there's no smoke without fire....

[Phurrball]

Here it is...the decision of the Judicial Committe of the Privy Council in David Cullen Bain v. The Queen

Just to save you all hunting for it.

20 odd pages and twenty-odd thousand words.

[ManDownUnder]

No idea who this guy is, sorry.

GB it's all here chap.

In short - a family was murdered, shot dead and there was a question over who did it - was it the father who finally and fatally turned the gun on himself, leaving only David (who claims to have been out doing a paper round at the time)... or was it David before the paper round.

The trial was a big one, a real shocker in NZ to the point of it's ongoing notariety. A few key people picked up the cause and started to look at it closely - and the more they looked they more they found to question.

Push push push saw appeals rejected left and right, so in a last ditch effort - it was taken to the Privy Council, who last night (NZT) overturned the conviction and ordered the retrial.

There is a hell of a lot of "he said/she said" going around about it and it's going to be an emotive issue.

[lb99]

I'm pretty sure she was hot so who can blame him *grin*

I went to intermediate with Laniet, she wasn't so bad

my parents were heavily involved with theatre and stuff, as was David, so I met him a few times, worked onstage with him too, he was a quiet fella, unusual but talanted, seemed harmless enough

My younger sister was quite freindly with the youngest, apparently

so we all sorta moved in the same circles and crossed paths occasionally

[Paul in NZ]

well good on the system and Joe Karam. It works (kinda) and lets hope if one of us ever gets into trouble a good bastard like Joe rides over the horizon..

Cheers