Monday, December 31, 2012

Reax 4: David Bain. Rodney Hide's masterful column: "Note to Collins: We want to see justice being done." Great Read. HL.

 STORY: "Rodney Hide: Note to Collins: We want to see justice being done," by Rodney Hide, published in the New Zealand Herald on December 23, 2012.

GIST: "Imagine the scene at police HQ and Crown Law: Justice Binnie has done the unthinkable; he's written an independent report. Worse, he's damned Crown Law and Police to hell. The Government response has been masterful ... but hardly justice.........I am among the many who had always thought David Bain guilty. I took media reports at the time as true. And I thought a grown man with a paper run - and wearing that woolly jumper - the type more than capable of murdering his entire family. I was innocent back then, too. I hadn't seen up close how the New Zealand police hierarchy behaves when backed into a tight corner. And I hadn't seen Crown Law stick to their guns arguing against all reason and clear facts. I didn't know then how the police play the media and how the public respect for the justice system is abused by those charged to uphold it. But still, until a week ago, I would have said to anyone who asked that Bain was guilty. Not now. Not on the balance of probabilities......... I then read Binnie. It's hard having a deeply held prejudice overturned. But I was entranced. It is beautifully written and clearly presented. But, more especially, here is the product of a fine mind critically cutting to the chase. Justice Binnie obviously has done the hard work. He's considered the many issues. He's weighed them, presented his conclusions with his reasoning and the evidence. He's done the job asked of him. If anything, he was scrupulously polite about the New Zealand police and justice system. Wherever possible he gave them the benefit of the doubt and never questioned their motivation. But police evidence presented at the first trial was false and misleading. That's why the Privy Council declared Bain's trial a "substantial miscarriage of justice" and ordered a retrial.  Justice Binnie - and the Privy Council - raise a disturbing question about whether our justice system has the ability to self-correct. The Government's response, sadly for us, provides the answer, loud and clear."

The entire commentary can be found at:

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.


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:

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

Please send any comments or information on other cases and issues of interest to the readers of this blog to:

Harold Levy: Publisher; The Charles Smith Blog.