Thursday, July 11, 2013

David Bain: New Zealand; Supporter Joe Karam produces more fingerprints that clear him; 3 News. (But police, ebarrassed by yet another disclosure revealing that he is an innocent man, continue to follow their "deny, deny, deny policy. Utterly shameful." HL);

STORY: "More fingerprints clear David Bain - Karam," by online reporter Dylan Moran, publshed by  3 News  on July 11, 2013.

GIST: "Police have responded to claims by David Bain supporter Joe Karam police misled the public with evidence supporting the theory Robin Bain shot his family. At a media conference this afternoon, Mr Karam released another set of fingerprints supporting the idea that gunpowder residue was visible on Robin Bain's hand. He said it was "extremely mischievous" of police to allege a "blotchy white area" of fingerprints to be cuts and said if Assistant Police Commissioner Malcolm Burgess is found to have deliberately put up the evidence showing markings instead of those without them, he should lose his job. Police say the fingerprints released today were determined to be of inadequate quality, which is why the second, blotchy, fingerprints were taken by an expert. "That fingerprint expert then took two further sets of prints on 22nd June 1994. These are the quality prints which have always been relied on in this case by fingerprint experts," a police spokesman said in a statement. This afternoon, before the police made the claim, Mr Karam pre-emptively dismissed it.  "It doesn't matter how ineffective or how inexperienced [the detective] is, he can't make perfect ridges appear," he said. "Regardless of their various expertise or experience, anyone looking at this can see that the proposition that those lines in this photo could be cuts or damaged is completely disproven by these fingerprints."" 

See Wikipedia account:  "Bain maintained his innocence, and thus began a lengthy campaign to have his case reheard, spearheaded by former All Black Joe Karam. According to one of his friends, media commentator Paul Holmes, Karam was appalled at the way the family, the Police and the Fire Service arranged to burn the Bain house down. He felt something was wrong with the case and began to study the evidence presented at the original trial. He went to visit Bain in prison in Christchurch and subsequently visited him over 200 times. Over the next 13 years, Karam wrote four books about David Bain's case and helped him in his numerous appeals against his convictions. The first appeal was made to the New Zealand Court of Appeal in 1995 but the Court refused to even hear it on the grounds that "the Crown case appeared very strong and the defence theory not at all plausible". New Zealand did not have a Supreme Court at that time, so in 1996 Bain made his first appeal to the Privy Council in Britain. However, the Privy Council also declined to hear the case. In June 1998 David Bain petitioned the Governor-General for a pardon. The Governor-General passed the application on to the Ministry of Justice which conducted an investigation into new information presented by the defence team. In 2000, Bain received his first ray of hope when Justice Minister Phil Goff said the investigation had shown that "a number of errors" may have occurred in the Crown's case against him[ and some aspects of the case were referred back to the Court of Appeal. In September 2003, those hopes were dashed when the Court of Appeal examined the new evidence but decided once again that a retrial was not needed - on the grounds that it would not have changed the jury's verdict. Bain's legal team made a second appeal to the Privy Council and, in March 2007, Karam and the team travelled to London to lay out nine arguments why his convictions should be quashed. One of the nine points concerned Robin Bain's mental state and potential motive. Reliable witnesses said Robin had been depressed, and living alone in squalid conditions in a caravan. Journals in his office at the school where he taught were found to contain stories about the mass murder of a family. The Privy Council wrote: "Many of those facts are highly contentious and the evidence could well have influenced the jury's assessment of them... If the (original) jury found Robin to be already in a state of deep depression and now... facing the public revelation of very serious sex offences against his teenage daughter, they might reasonably (have) concluded that this could have driven him to commit these acts." The Privy Council concluded that: "In the opinion of the board, the fresh evidence adduced in relation to the nine points... taken together, compels the conclusion that a substantial miscarriage of justice has actually occurred in this case." The Privy Council quashed his convictions and ordered a retrial. Bain was released from prison and bailed to live with Joe Karam." 

 See TV New Zealand story: "Police request original Robin Bain fingerprints following 'new evidence." ..." Multiple sets of fingerprint images taken of Robin Bain's hands are set to be examined by police, following further claims of missed evidence. David Bain supporter Joe Karam today claimed that a comparison of two sets of fingerprint samples taken on consecutive days after the 1994 murders show inconsistencies in police evidence. In response to the claim, Assistant Commissioner Malcolm Burgess slated Mr Karam for approaching the media before the police, and said that police have applied for access to all of the original sets of prints taken of Robin Bain's fingers in the days after the murders.........This evening, Mr Burgess attempted to clarify the apparent discrepancy, saying: "The fingerprints of Robin Bain taken on 21st June 1994 and released by Mr Karam today were taken by a detective. These were examined by a police fingerprint expert at the time who determined they were not of adequate quality. "That fingerprint expert then took two further sets of prints on 22nd June 1994. These are the quality prints which have always been relied on in this case by fingerprint experts." He said police have applied to examine all sets of the original fingerprints taken, but even after being studied by an expert a conclusive answer may not be found. "Police have made it clear there could be several possibilities to explain these marks. Right now any explanation for them remains a theory," he said. "Whilst it is hoped the examination will provide greater clarity, it also remains a real possibility that even after the originals have been examined there will still be no definite conclusion regarding the marks.""


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