David Bain is Not Guilty

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13 years 2 months ago #273383 by Hintzashouse
The New Zealand Herald has apparently covered the suppressed possible evidence story in its paper today.

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13 years 2 months ago #273388 by Pumpkingirl
You're right Hintza, they have, but in far less detail than what was reported originally, and that story is written very... carefully, shall we say :D

I imagine it had lawyers pouring over it last night.

And suppressed isn't quite the right legal term. If it was suppressed, they wouldn't have been able to write anything.

Not legally tested in a court is possibly more accurate.

Update: 12.40pm - that story has disappeared off the Herald website - you can find it if you do a search, but when you try to open it, the story disappears. Odd.

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13 years 2 months ago #273412 by nervous
Replied by nervous on topic David Bain is Not Guilty
Am I the only one here that thinks he is guilty?

[8]

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13 years 2 months ago #273415 by Pumpkingirl
He was found not guilty, which meant the jury had reasonable doubts about the evidence against him.

That's not the same as being found innocent, so I would presume there are people who feel the same as you Nervous.

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13 years 2 months ago #273425 by Gracelands
Replied by Gracelands on topic David Bain is Not Guilty

nervous;253756 wrote: Am I the only one here that thinks he is guilty?


The herald has an on-line poll on this. Asking whether people thought David or Robin had done it. When I voted this morning, it was around 48-52%. So no, Nervous, you're not the only one at all.

I'm on the fence on this one. There were unanswered questions either way. However, I feel that the jury got it right because I believe the prosecution did not prove 'beyond a reasonable doubt.'

"Just living is not enough. One must have sunshine, freedom and a little flower."
Hans Christian Anderson

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13 years 2 months ago #273434 by Simkin
Replied by Simkin on topic David Bain is Not Guilty
If he done it he did a bl**dy good job.

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13 years 2 months ago #273436 by feedqueen
Replied by feedqueen on topic David Bain is Not Guilty
I am not convinced he is not guilty, quite the opposite in fact.

Guess we will never know the real truth, what a sad mixed up family they were.

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13 years 2 months ago #273441 by oskatd
Replied by oskatd on topic David Bain is Not Guilty
Didn't Arthur Allen Thomas get a fair whack of compensation? And Lindy Chamberlain? Although of course the aussie laws may be different.

I wasn't living in NZ when it happened, but was intruiged by it and read the books by Joe Karam and James McNeish. I always thought there was reasonable doubt, so was very pleased when the Privy Council found that there was a substantial miscarriage of justice.

I hope David has a long and happy life and can leave all this behind him.

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13 years 2 months ago #273442 by Toni - Northland
Replied by Toni - Northland on topic David Bain is Not Guilty
I haven't read the suppressed evidence, but for those who have, in your opinion, could it have changed the verdict.

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13 years 2 months ago #273458 by grannie Mary
My feelings are that when you are an adolescent & you come from such a disfuncitonal family, never mind wether you did it or not, you are not guilty

Mary

"Worrying does not empty tomorrow of its trouble,
It empties today of its strength."

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13 years 2 months ago #273462 by Toni - Northland
Replied by Toni - Northland on topic David Bain is Not Guilty
Ok, have tracked an article down and to me it had no relevance to the case and was hear say.

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13 years 2 months ago #273469 by NZ Appaloosas

Pumpkingirl;253702 wrote:
Almost all of Bain's hearings (even callovers) have been reported, so I was wondering why you were mentioning this?


Basically, in a nutshell, the last part of my post had little to do with your actual post, PG, was a bit of an add-on as to how things work for those who may have no professional or personal experience with how the Court works. The coverage on Bain was highly unusual...believe me, I know...I spend a fair bit of time about 500 feet from the Courthouse, and have had to "deal" with the traffic situation the media coverage of the Bain trial created. Hubby knew to pay attention to the news (I'm the one who is usually the news-hound) on the days I mentioned traffic in front of the Courthouse.

Diane


Featuring Wap Spotted, sire of the first Wap Spot 2 grandget in Southern Hemisphere and New Zealand

On the first day God created horses. On the second day He spotted the best ones.

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13 years 2 months ago #273472 by Pumpkingirl

oskatd;253786 wrote: Didn't Arthur Allen Thomas get a fair whack of compensation? And Lindy Chamberlain? Although of course the aussie laws may be different.

Yes, but Arthur Allan Thomas was cleared by a Royal Commission of Inquiry that found evidence against him was planted by police, and he was then given an official pardon. Hence he was proven innocent and compensated.

Lindy Chamberlain's case was also investigated by a commission of inquiry, the evidence was found to be wrong and her conviction was over-turned and she received compensation.

However, as I wrote before, David Bain would also have to prove his innocence - a much higher threshold than "not guilty by reasonable doubt". So unless he can prove that evidence was manufactured against him, or a witness who saw Robin do it comes forward, I can't see how he's going to prove it.

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13 years 2 months ago #273474 by Simkin
Replied by Simkin on topic David Bain is Not Guilty

Pumpkingirl;253821 wrote:

However, as I wrote before, David Bain would also have to prove his innocence - a much higher threshold than "not guilty by reasonable doubt". So unless he can prove that evidence was manufactured against him, or a witness who saw Robin do it comes forward, I can't see how he's going to prove it.

I've talked to a few people about David Bain's 'not guilty' verdict and I was stunned to realize that the common perception is that this verdict means that he is innocent. There is no understanding out there that his 'not guilty' verdict only means that the prosecution failed to prove beyond reasonable doubt that he did do it.

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13 years 2 months ago #273497 by Louimay
Replied by Louimay on topic David Bain is Not Guilty
My gut feeling is he didn't to it so am happy that he has been found not guilty. Maybe I am naive but I can't imagine anyone without a real motive being "sick" enough to kill their entire family including siblings and to then not kill themself.

Have there been many other cases worldwide of a person murdering their own family so brutally and then acting like they didn't do it and trying to cover it up? I might have to go google :)

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