PUBLISHER'S VIEW: (Editorial). A close look at the content of Justice Ian Binnie's report leads this Blog to the inescapable conclusion that the Government of New Zealand should heed Justice Binnie's advice, and without delay make generous compensation to David Bain, because "the state authorities and in particular the Duneden CIB were seriously complicit in this miscarriage of justice." Justice Binnie makes clear that this is not a typical appeal in which there are instances of police investigative failures. Instead, "It is the number and cumulative importance of errors here that should, in my view be seen as constituting extraordinary circumstances. The sheer length of David Bain's incarceration takes the Bain prosecution "outside the ordinary run of cases in which appeals have been allowed." I hope the New Zealand government will rise above the howls of protest, set internal politics aside - and do what is just for David Bain.
Harold Levy: Publisher. The Charles Smith Blog.
CONTEXT: Wikipedia: "Killings and first trial: " By 1994 Robin and Margaret were estranged and Robin was sleeping in the back of his van at Taieri or in the schoolhouse. David Bain and the rest of the family lived at 65 Every Street, Andersons Bay, Dunedin. Robin returned to the family home at the weekends and slept in a caravan in the back garden. Robin was said to be in an incestuous relationship with his daughter Laniet that began when the family were in Papua New Guinea, and was still going on. Fellow teachers later described him as "deeply depressed, to the point of impairing his ability to do his job of teaching children". On the morning of 20 June 1994, David Bain called 111 at 7:09 am in an apparently distressed state and told the operator: "They're all dead, they're all dead." When the police arrived at Every Street they found five members of the Bain family had been shot – Robin Bain (the father aged 58), his wife Margaret, their daughters Arawa (19), Laniet (18) and son Stephen (14). Four days later, David Bain, then aged 22, was charged with the murder of all five members of his family. On 5 July 1994, the house was burnt down by the New Zealand Fire Service, at the request of the trustees of the Bain family trust. At his trial the prosecution claimed that David killed his entire family after completing his early morning paper round– though no motive or explanation as to why David might want to kill them was provided. The lack of motive confused the presiding judge who in his summing up said the Crown had told the jury "... that these events were so bizarre and abnormal that it was impossible for the human mind to conceive of any logical or reasonable explanation". One piece of evidence was a message found typed on the family computer that read: "sorry, you are the only one who deserved to stay". The defence used this to put forward the proposition that David’s father, Robin Bain, had killed the others while David was out on his paper run – and then committed suicide. After a three week trial David Bain was convicted by the jury on five counts of murder and sentenced by Justice Williamson to life imprisonment with a 16 year non-parole period.
The entire Wikipedia page can be found at:
http://en.wikipedia.org/wiki/David_Bain
Justice Binnie's full report can be found through the following link:
http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10853771
PUBLISHER'S NOTE
I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.
The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:
http://www.thestar.com/topic/
Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
http://smithforensic.blogspot.
Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com
Harold Levy: Publisher; The Charles Smith Blog.
