David Bain - The Privy Council result!!

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16 years 9 months ago #359 by Louise W
WOW, the Privy Council has quashed his conviction and he can apply for a re-trial - BIG NEWS!!!


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16 years 9 months ago #43272 by Toni - Northland
Replied by Toni - Northland on topic David Bain - The Privy Council result!!
mmmmmmmmm, I'm still not sure about this case. I just don't know, he doesn't look like he could have done it, but, there is just... something........ At least he got the privy council, the rest of us are in deep doo doo if we ever need them now.

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16 years 9 months ago #43273 by Prim
Oh, I've been waiting. Where did you hear it???!!!

Hmmmm [:I]

Thanks for the heads up.

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16 years 9 months ago #43274 by Louise W
Yeah there are so many questions - I think he probably did it but what would I know?!

It was in a 'Breaking News' report on the telly :)


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16 years 9 months ago #43276 by jrp
I have my doubts about his guilt too - or at least on the investigation anyway as it didn't act to find anything which wasn't pointing towards David Blain. And when evidence turns up in an obvious place in a police search, that was searched the previous week, something is very fishy. I guess police think (or did think anyway) that it's alright to do that sort of thing as they are sure the suspect is guilty. But when there's an obvious other suspect with motive ... well there has to be doubts.

Another who should get a new trail is Craig(?) Watson in the New Year Charlotte Sounds murder of Ben and Olivia. The seems to have some major flaws in how testimonies were taken and what was and what wasn’t shown to the court.

Then there our very Salem Trial from the Civic Crèche case - dodgy, dodgy, dodgy to say the least.

But at least on this occasion the courts might get to right a wrong, and hopefully we will then adjust the Court of Appeal to look at cases as a whole rather then just new evidence.

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16 years 9 months ago #43280 by Kilmoon
Down here people are in too minds or should I say camps. There's the camp where the cops can do no wrong and because David didn't act like a 'normal' teenager (the boozy, car hoon types with a large focus on anything in skirts ie your typical Otago Uni student (I teach em so I feel I can sterotype the little ****)) and so was regarded as strange and hence he must have done it. And theres the camp where the cops can screw up, plus they had a live body to blame it all on and 'gee whiz isn't this good for my career'.

When you know what the cops down here did (every cop in Dunedin went for a traipse through the house BEFORE forensics teams were able to go through, they planted evidence, and they didn't talk to people who knew his dad was suicidal etc), and that the extended family burnt the house down within several days thereby destroying any chance of gathering more evidence....then you come to the conclusion that a huge miscarriage of justice occurred.

I hope that he is freed, pardoned and compensated for 13 years behind bars for a crime he didn't committ and that he then sues his extended family for everything that they stole from him.

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16 years 9 months ago #43286 by ardnas
I don't know for sure whether Bain did it or not, what makes me angry is the dodgy police behaviour - Arthur Alan Thomas all over again, and ditto for the Watson case.

It really scares me that we as citizens will no longer have the Privy Council as an independent avenue for appeal.

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16 years 9 months ago #43288 by Louise W
Agree about the police involvement - I still can't fathom allowing the family to have the house burned to the ground!!!


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16 years 9 months ago #43289 by reggit
As a colleague pointed out today, if they let him out now with a quashed conviction, he'll be seeking compensation as someone wronged by the system.

He's close to his parole period. I wouldn't be surprised if they bring his parole date forward (if they can do that?) and release them on that. Not sure of the legalities, even if the privy council has quashed the conviction, does that mean that the judiciary here must do the same?

Take a break...while I take care of your home, your block, your pets, your stock! [;)] PM me...

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16 years 9 months ago #43291 by Toni - Northland
Replied by Toni - Northland on topic David Bain - The Privy Council result!!
There is also the theory that the Privy Council did this so New Zealand would KNOW, that we need them. AND, I tend to agree, we do.

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16 years 9 months ago #43297 by jeannielea
David Bain couldn't have another trial that would be fair. For a start how would they find an unbiased jury? He needs to be pardoned in my opinion. As said on radio, the police didn't ask any questions about other possibilities once they'd decided he did it so evidence about his father's state of mind, his sister's confession of incest (and the implications, and his mother driving into Dn to take ALL the money out of the joint account were not considered but might point to a family meltdown that wasn't of David's doing. I agree we need the privy council and its a pity Scott Watson can't use them.

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16 years 9 months ago #43299 by Toni - Northland
Replied by Toni - Northland on topic David Bain - The Privy Council result!!
jeannielea, Scott Watson is another I have doubts about. I don't know that he murdered those kids, BUT I reckon he knows something about it and isn't totally innocent.

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16 years 9 months ago #43311 by witheze
It was pointed out on radio if you wear dodgy cardies or jumpers you're going to be committed regardless of guilt. ....David Bain, Arthur Thomas,Peter Ellis, Lindy Chamberlain.....

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16 years 9 months ago #43316 by oskatd
I have always thought it was a flawed judgement, that surely there had to be reasonable doubt. But I was out of NZ when it happened, mind you i did read both of the books written from each side....

What about David Tamihere? Now, whilst i think he is an evil b*stard, i think the case against him was flawed also. I used to work with an ex-cop who worked on the swedes murder and he said that they were certain he did it but with no proof...

As for the Privy Council, it certainly is a loss, although I think that Sian Elias is pretty sound.

I wonder if David Bain will be released next week, surely they won't waste tax payers $$??

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16 years 9 months ago #43317 by DiDi
I have no doubt at all that he is innocent - the problem is the dodgy legal system in NZ that allows so much to "not be disclosed" to the jury. This is what the Privy Council had access too whereas the Jury didn't... knowing too that some of this evidence wasn't available at the time. Scares the living daylights out of me that the reason the Labour Govt axed out access to the Privy Council was something along the lines of " because it was unaware of the political and cultural situation in NZ". Since when did politics have a part ot play in a fair trial let alone cultural. You are good or you are bad no matter what political persuasion or your "culture".

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