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Should David Bain get compensation?

Until now, I had never heard of this case so I don't know anything about it or have any pre-conceived notions about it, but I am finding this (pdf file) an interesting read so far. Ian Binnie, who is a retired Justice of the Supreme Court of Canada, is certainly no slouch, so I am interested in reading his take on the matter. (I'm only up to page 61 of 193 so far.)
 
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LashL said:
Until now, I had never heard of this case so I don't know anything about it or have any pre-conceived notions about it, but I am finding this (pdf file) an interesting read so far. Ian Binnie, who is a retired Justice of the Supreme Court of Canada, is certainly no slouch, so I am interested in reading his take on the matter. (I'm only up to page 61 of 193 so far.)
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I shoud read it too. Irrespective of the facts it is remarkable the arrogance of the then justice minister Judith Collins to ignore his report, 400k to the taxpayer.
The strange thumb photographic evidence emerged after his report. He personally interviewed David Bain for a day as part of his research, which I would have thought is pretty unusual.
 
Samson said:
The computer idea that you leave an exculpatory note when you could scrawl a hand written one is ridiculous.
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He must have figured that trying to forge his father's handwriting was too risky, so typing it on the computer was the only way. But then as you say, why would dad type a suicide note on the computer he could just hand-write it? The only logical conclusion is that he didn't, and that the murderer must have typed it.

But what kind of idiot would think they could get away with such an obvious ruse? When you are the only one left alive you know that you will be the prime suspect, and creating dodgy evidence in the hope that it will deflect attention away from you is just plain stupid. OTOH, doing it to attract attention to a scapegoat might help to keep the real killer off the radar. So either David Bain is an idiot, or... he was framed!
 
Roger Ramjets said:
So either David Bain is an idiot, or... he was framed!
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I have to admit that I suspect the second. I think that Robin waited for David to return to shoot him as well, then changed his mind and decided to frame him instead.

It's a tricky case really, there is evidence on both sides and a lot of misinformation has been given. Sadly it was a case that could have been determined very easily, but the cops screwed up the scene. They didn't test Robin for GSR, they failed to test blood on Robin that could not have gotten there from the wound to his head, and they allowed the family to have the scene destroyed before the trial meaning that they couldn't even go back and recheck it. All around they did a bad job. I think that they initially assumed that Robin did it and so didn't bother treating it as a homicide investigation, and then when they focused onto David it was too late.
 
Samson said:
He personally interviewed David Bain for a day as part of his research, which I would have thought is pretty unusual.
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Agreed. He also personally interviewed Det. Sr. Sgt Doyle, which is also pretty unusual.

(ETA: I'm up to page 154 now.)
 
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PhantomWolf said:
I have to admit that I suspect the second. I think that Robin waited for David to return to shoot him as well, then changed his mind and decided to frame him instead.

It's a tricky case really, there is evidence on both sides and a lot of misinformation has been given. Sadly it was a case that could have been determined very easily, but the cops screwed up the scene. They didn't test Robin for GSR, they failed to test blood on Robin that could not have gotten there from the wound to his head, and they allowed the family to have the scene destroyed before the trial meaning that they couldn't even go back and recheck it. All around they did a bad job. I think that they initially assumed that Robin did it and so didn't bother treating it as a homicide investigation, and then when they focused onto David it was too late.
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I think David was framed, but framed by the police. They decided from the get-go that David was guilty, and directed their entire investigation in that direction, irrespective of the evidence.
 
Samson said:
I shoud read it too. Irrespective of the facts it is remarkable the arrogance of the then justice minister Judith Collins to ignore his report, 400k to the taxpayer.
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She didn't ignore his report. She didn't like the conclusion so she found someone who would "peer review" it and find it at fault.
 
gumboot said:
She didn't ignore his report. She didn't like the conclusion so she found someone who would "peer review" it and find it at fault.
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It wasn't just someone, she asked the prosecutor to "peer-review" it.
 
gumboot said:
I think David was framed, but framed by the police. They decided from the get-go that David was guilty, and directed their entire investigation in that direction, irrespective of the evidence.
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I disagree, I think that it was incompetence from the police. I think initially they thought it was Robin, but then as they focused on David they hadn't done the job right to exclude Robin, so they ignored anything that pointed at him, and added all the stuff they could to point at David, even if it wasn't water tight (fingerprints in rabbit blood on the gun, and possible blood/Bleach fingerprints on the washing machine, wrong sided footprints, glasses lens, etc.)
 
LashL said:
Agreed. He also personally interviewed Det. Sr. Sgt Doyle, which is also pretty unusual.

(ETA: I'm up to page 154 now.)
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I will read it. Joe Karam ex all black is the expert. He has answers for everything and "knows" Bain is innocent. Plenty of books have been written of course.
Incidentally control freak Collins was regarded as next National party leader after John Key, but flew too close to the sun. :rolleyes:
 
LashL said:
Those links do not appear to show the photographic evidence to which you've alluded, though. I would like to see the actual evidence if it's available.
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Ok I will see what I can find, may take time, someone else may beat me to it, like Phantom?
 
I have some concern that starting at ~about page 157, suddenly there is the introduction of qualifiers such as "Comment" or "Comments" in advance of various bits and pieces in the midst of Binnie's report. These do not appear to be Binnie's words, and it looks like someone else has interjected them. It is not clear to me whether this is the case or whose "comments" may have been interjected. :confused:
 
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LashL said:
Well, that's reasonably compelling on that particular point, indeed (and I watched the whole 38 minutes of it.)
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Not to the Police, they claim it was just some coincidental scratches Robin got while working on the guttering a few days before.
 
PhantomWolf said:
Not to the Police, they claim it was just some coincidental scratches Robin got while working on the guttering a few days before.
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Aha, now cooking with gas.
No sceptic ever heard of the polis defending their work.
 
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