British judgement slaps New Zealand judiciary in the face

This shows why New Zealand has for so long retained access to a British court for appeals -- a recourse that is, sadly, now being taken away. See an earlier comment about N.Z. justice on April 9th.

In a slap in the face for the New Zealand judiciary, the Privy Council has deemed the multiple murder convictions of David Bain a 'substantial miscarriage of justice' and quashed the convictions. The embarrassing decision also leaves open the major question: will the Crown proceed with another trial, given the criticisms and apparent weakness in their case and the evidence presented at the original trial?

The Privy Council, in their dramatic final act, have drawn down the curtain on a case that may remain as one of the most tragic and ill-fought prosecutions in the history of New Zealand law. It promises to leave open more questions and raise more issues about jurisprudence, police investigation and the political process than it served to answer in its actual decision.

Bain was convicted for murdering his parents, sisters, and brother in 1994 and the five law lords ordered a new trial. All had died from .22 gunshot wounds to their heads. However Bain would have to remain in prison awaiting that retrial.

The decision, in what is almost certainly the last case heard by the Privy Council, superseded by New Zealand's home-based Supreme Court, is also a supreme embarrassment for the New Zealand judicial system.

The Bain case has been heralded as a quagmire of contradictory, misleading and false evidence in the 13 years since the original trial and Bain's innocence has been championed by former All Black Joe Karam.

The Privy Council hearing was conducted by Michael Reed QC and Paul Morton while New Zealand's new Solicitor General, David Collins QC, appeared for the prosecution with others. Bain has maintained his innocence since being jailed for slaying five members of his family in their Dunedin home in 1994.

Report here

Bain freed

"I LOVE you, now come and give me a hug," freed prisoner David Bain told his supporters last night as he was released on bail. After 12 years' jail for murdering his Dunedin family, Bain spent his first night of freedom at Christchurch's Clearwater Resort celebrating with friends. Outside the High Court after his release, Bain said he had not expected to be freed but it felt "pretty damn good". A long-time supporter, Patti Napier, said Bain had a "smile so wide it would take a crowbar to remove it".

Speaking outside the Christchurch court, a composed Bain - wearing a black suit and finely tailored open-necked white shirt that his chief supporter Joe Karam had delivered to him in prison - spoke about returning to Dunedin one day, and "trying to find some normality". His immediate home will be at Mr Karam's house in the small Waikato town of Te Kauwhata.

His bail conditions mean he cannot go to the South Island, Hamilton or Wellington, because members of his extended family live there. His freedom came five days after his last-ditch appeal to the Privy Council in London quashed the 1995 convictions for murdering five members of his family in June 1994.

Yesterday he again sat in a packed court, sitting bolt upright and with his hands clasped together in his lap, listening as the Crown opposed bail. The Crown argued Bain should remain behind bars to reflect the seriousness of the crimes, reminding the court "five premeditated, cold-blooded murders" had been committed. Moments later, however, Bain was free, Justice Fogarty noting Bain's case was "exceptional" and he was entitled to live "as normal a life as possible".

How normal that life can be now largely depends on the decision of the Solicitor-General, David Collins, QC, who will decide whether the Crown will seek a retrial. No date has been set for that decision, but it is expected to be weeks away. Bain said after his release that he had been "preparing myself for the worst", but now just wanted to spend time with those who had campaigned so long and hard for his release. "Last night I made sure I did a bit of exercise and got myself tired so I could get to sleep," he said. "In court, I was just trying to keep going, minute by minute, clasping on to the strength that Joe's given me. "It's a huge relief. I've had a lot of friends who have kept me going and I just want to show them how much I appreciate it all."

Report here


Background to the case is on Wikipedia. The deaths were apparently a murder-suicide carried out by David Bain's father but David Bain was never given the benefit of the doubt about that and much evidence was not considered despite many appeals to N.Z. courts


(And don't forget your ration of Wicked Thoughts for today)

  ¶ 3:12 PM