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Thread: David Bain - Not Guilty

  1. #1
    I can't believe I ate the whole thing NZTailender's Avatar
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    Icon1 David Bain - Not Guilty

    From the stuff.co.nz website:

    Quote Originally Posted by http://www.stuff.co.nz/national/crime/2476940/David-Bain-not-guilty
    David Bain has been found not guilty on all five counts of murder and is free to go home.

    The jury in New Zealand's most sensational trial has found David Bain not guilty of murdering his family 15 years ago after five hours and 50 minutes of deliberations.

    Outside court an emotional David Bain thanked his supporters, particularly Joe Karam.

    "Without Joe and his solid strength ... I wouldn't have made it through this far," Bain said.

    "Joe's been there through everything for me".

    The seven women and five men returned to the High Court in Christchurch about 4.45pm and delivered the not guilty verdict on all five murder charges.

    Cheering from the gallery greeted the verdict.

    Karam said the truth had, "finally fallen where it has always been". He went on to blame "various authorities" for allowing the case to drag on so many years.

    The trial would go down as the “criminal trial of New Zealand’s history”, Karam said.

    “What has really mattered is the truth - as I said 13 years ago [and it] has finally fallen where it has always been.

    “Unfortunately due to the attitude by various authorities that has caused this thing to last to 2009 and put this poor man here, what he’s been through…”

    Karam said Bain had been an “innocent man beaten down by a while lot of myths and legends.”

    “There’s nothing more than smoke with no fire.”

    Michael Reed QC thanked David. “He is totally overcome. Freedom is not there yet, it has not dawned on him.”

    He said the trial never should have gone ahead. “Millions have been spent… it is quite a tragedy really.”

    He said without doubt David should apply for compensation, but “that’s something in the future.”
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    Inside the court, the jury forewoman read out the not guilty verdicts for each of Bain's family members. Each verdict was greeted with cheers and applause.

    Bain met the verdicts calmly, smiling broadly at his supporters. He then went straight into a room, where he was described as being very emotional.

    Karam mouthed a thank you, as did Michael Reed QC Bain's lawyer.

    As the judge left the room, further clapping broke out and more cheering and laughter could be heard.

    Bain, 37, who had been charged with shooting his parents Robin, 58, Margaret, 50, and his three siblings Arawa, 19, Laniet, 18 and Stephen, 14, on 20 June, 1994, heard the verdict from the dock after a 13 week retrial.

    His convictions for the murders after a four week trial in Dunedin in 1995 were overturned by the Privy Council in May, 2007, and a new trial was ordered. He was about 13 years into a 16-year non-parole sentence when the convictions were quashed. He has been on bail since May, 2007 after being in custody since June 24, 1994.

    The trial has captured the public imagination like no other trial in New Zealand's history. Television coverage of the verdict today matched the media flurry attracted by President Clinton's visit in 1999.

    About 50 media personnel were at the High Court to cover the verdict which was a mass of cameras, high profile journalists and support staff.

    The trial has presented a classic whodunnit and implied much more serious questions about the police and the New Zealand justice system.
    Really hope he can now live without being hounded, but I don't think that will happen. Best of luck to him, he deserves peace.
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  2. #2
    Cricket Web: All-Time Legend _Ed_'s Avatar
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    Absolutely the right result. There was no way the jury could say beyond reasonable doubt that he did it.

    They had so many experts giving evidence, and many of them directly contradicted each other.

  3. #3
    Not Terrible Athlai's Avatar
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    Reckon hes guilty and the prosecution has just been incompetent but won't go on about it. Guy is free now and it was decided by informed people. Thats that IMO.
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    World Traveller Craig's Avatar
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    So who on earth did it then (killed his parents and brothers?
    Beware the lollipop of mediocrity. Lick once and you suck forever...

    RIP Fardin Qayyumi, a true legend of CW

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  5. #5
    Cricket Web: All-Time Legend _Ed_'s Avatar
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    The defence argued that it was the father, Robin, who they say then killed himself.

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    Hall of Fame Member Goughy's Avatar
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    I dont know this story so Im apologise for taking the tread in a slightly diferent direction.

    "He was about 13 years into a 16-year non-parole sentence when the convictions were quashed"

    Being convicted of murdering your Mum, Dad and three siblings (ie killing 5 people) get only a 16 year sentance
    If I only just posted the above post, please wait 5 mins before replying as there will be edits

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  7. #7
    I can't believe I ate the whole thing NZTailender's Avatar
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    Quote Originally Posted by Goughy View Post
    I dont know this story so Im apologise for taking the tread in a slightly diferent direction.

    "He was about 13 years into a 16-year non-parole sentence when the convictions were quashed"

    Being convicted of murdering your Mum, Dad and three siblings (ie killing 5 people) get only a 16 year sentance
    AFAIK, he got a life sentence, the first 16 years of which he was ineligible for parole. We have enough law students floating about here to help us out, hopefully.

  8. #8
    Cricket Web: All-Time Legend _Ed_'s Avatar
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    Quote Originally Posted by NZTailender View Post
    AFAIK, he got a life sentence, the first 16 years of which he was ineligible for parole.
    Yeah, that's exactly right.

  9. #9
    Hall of Fame Member Goughy's Avatar
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    Quote Originally Posted by NZTailender View Post
    AFAIK, he got a life sentence, the first 16 years of which he was ineligible for parole. We have enough law students floating about here to help us out, hopefully.
    Ok, that is a little different to what I thought and the way you explained it is not so bad. Still, being eligible for parole after 16 yrs after being found quilty of 5 murders seems a little generous (even if there was no chance of it being granted).

  10. #10
    Hall of Fame Member Smudge's Avatar
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    I was not surprised by the verdict, but very disappointed with the outcome overall. I have no doubt (due to various information that has been shared with me or my family, not only from police, but also extended Bain family members) that David was the killer, along with an inadmissable 111 call that would have left the jury with only one option, but the police did make plenty of simple bungles, particularly around the crime scene.

    On the upside, it has given me a chance to finish this (to the tune of Bob Dylan's "The Hurricane"):

    Rifle shots ring out on Every Street,
    Enter David Bain at the end of the hall,
    See his father in a pool of blood,
    Cries out “my god, I didn’t kill them all”.

    Here comes the story of David Bain,
    Did his paper run and his family was slain.
    And for something that he never done,
    Put in a prison cell, but one time he could-a been
    A jersey designer.

    Five bodies lying there does David see
    As he pops down the day’s edition of the ODT
    I didn’t do it, he says, and he throws up his hands
    I was out delivering papers, I hope you understand.

    I saw Dad shooting, he says, and he stops
    But before he decides to call the cops.
    And onto the computer he pops
    And he explains over a couple of lines
    that he was the only one who deserved to live.


    Meanwhile, far away in another part of town
    The local constabulary are driving around.
    Had just popped in on a raid of Hotel Crown
    Had no idea what kind of **** had just gone down
    When the call came over the radio
    Just like the time before and the time before that.
    In Dunedin that’s just the way things go.
    If you heard a call come from Every Street
    The Bains you would meet.

    David’s sobbing madly when in come the cops.
    Soon, detectives and constables are prowling around
    David collapses in a fit of shock
    Cos’s he’s worried the police, they will hound.

    They put him into an ambulance from St John’s.
    Hospital was better than the prison instead.
    Cop said, wait a minute, boys, how could Robin be dead

    So they did an investigation of the scene
    And none of the policemen could really see
    How this could have been done by the older man.


    A couple of days later and they haul David in,
    Take him to the interview room and start making claims.
    David speaks up over his loud clothing
    Says, what’d you bring me in here for? I ain't the guy!

    Yes, Here comes the story of David Bain,
    Did his paper run and his family was slain.
    Put in a prison cell, but one time he could-a been
    A jersey designer.


    Four days later, the Bain house is in flames,
    David’s waiting for his day in court, fighting for his name
    The Dunedin public start playing the guilty or not game
    And the cops are putting the screws to him, looking for somebody to blame.

    Remember the incest claims that Laniet made?
    Remember you said your old man was depraved?
    You think you’d like to play ball with the law?
    Think it might have been you who killed your mum and dad?
    Don’t forget that you are incredibly sad.

    David Cullen Bain said, I’m really not sure.
    Cops said, a strange boy like you is capable of death
    We reckon you killed Robin before he could say hello
    Now you don’t want to fight this, be a nice fellow.
    You’ll be doing society a favor.
    Your choice of jerseys is brave and getting braver.
    We want to put your ass in stir
    We want to pin this quintuple murder on you
    Your choice of careers is well and truly through

    David could deliver a paper with just one throw
    But he never did like to talk about it let alone bellow.
    It’s my work, he’d say, and I do it for pay
    And when it’s over I’d just as soon go on my way
    Up to some paradise
    Where the Taieri Mouth flows and the air is nice
    And ride a horse along a trail.
    But then they took him to the jailhouse
    Where they try to turn a man into a mouse.

    All of David’s cards were marked in advance
    The trial was a pig-circus, he thankfully didn’t had a chance.
    The police made shortcuts while examining the Every Street slum
    Unfortunately those would come back to bite them in the bum
    And to the Dunedinites he was just a crazy singer.
    No one doubted that he pulled the trigger.
    And though they could not produce foolproof evidence,
    The Prosecutor said he was the one who did the deed
    And the all-wise jury agreed.

    David Bain was fully tried.
    But the Privy Council said our justice was blind?
    All of a sudden he was back and set free from court,
    With Joe Karam along for the ride.
    How could the life of such a man
    Was in the palm of a simple-minded jury’s hands?
    To see him get out of jail
    Couldn’t help but make me feel angry to live in a land
    Where justice has clearly failed

    And now the gangly bastard in his coat and his tie
    Is free to drink martinis and watch the sun rise
    While his family is in a concrete cell
    A strange, strange family who all went through hell.
    That’s the story of David Bain,
    But it won’t be over till he plays the compensation game,
    And let’s see if he gets a million and one.
    He can move back to Papua New Guinea, but one time he could-a been
    The champion of the world.

  11. #11
    Request Your Custom Title Now! Uppercut's Avatar
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    Tbf, he did serve 13 years. It's hardly getting off scot-free.

  12. #12
    123/5 Flem274*'s Avatar
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    Absolutely no idea if he did it or not.
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    RIP Craig Walsh

  13. #13
    International Coach KiWiNiNjA's Avatar
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    The right verdict, imo.

    Whether he did it or not, I suppose only he will ever know....

  14. #14
    World Traveller Craig's Avatar
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    Voltman, that was brilliant.

  15. #15
    Hall of Fame Member Smudge's Avatar
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    I first started writing it about 7 years ago when THe Hurricane movie came out and I began to realise the possibilities that were available courtesy of Bob Dylan's song. And finally, now, it's in the bag!


    Now, to record it...

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