Not Guilty

253 Responses

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  • David Slack,

    Here's my Pollyanna:
    If you think he actually did it (my hand is up) then he did 15 years; you have a result.

    If you think he didn't, or you simply believe that the cops laid an insufficient foundation, or you think that it simply wasn't proven beyond reasonable doubt, then this is your day.

    I now wait to see who wins the bidding war between Campbell and Sainsbury to hump his leg at seven.

    Devonport • Since Nov 2006 • 599 posts Report

  • Tom Semmens,

    I would agree with you, except that this second trial was totally unnecessary and, after fifteen years, impoosible for the crown to win.

    The Attorney-General ought never have gone for a second trial. Now my hard earned taxpayer dollars are going to have to be forked out as compensation for David Bain, not guilty...(?)

    Sevilla, Espana • Since Nov 2006 • 2217 posts Report

  • Islander,

    I think the cops were quite careless in their initial scene investigation
    (as in, too many police in there, coroner kept waiting etc. - James McNeish's "The Mask of Sanity" is -interesting - apropos this.) But there are *still* facts unanswered by the defence team on this retrial
    (Stephen's blood of DB's clothes, handprint on washing machine etc. etc. etc.)

    Whether David Bain has blocked everything out, or not, he will live with the fact that I am not the only one who thinks he is guilty as charged. Not that I matter! But there are a considerable number of ANZers who will disagree with this verdict.

    And I still do wish we had the Scots verdict of 'Not Proven' available...

    Big O, Mahitahi, Te Wahi … • Since Feb 2007 • 5643 posts Report

  • Deborah,

    I get the feeling that the jury doesn't understand the distinction between reasonable doubt, and any doubt whatsoever.

    New Lynn • Since Nov 2006 • 1447 posts Report

  • giovanni tiso,

    I get the feeling that the jury doesn't understand the distinction between reasonable doubt, and any doubt whatsoever.

    I blame postmodernism.

    Wellington • Since Jun 2007 • 7473 posts Report

  • Sofie Bribiesca,

    I blame postmodernism.

    I blame Dunedin ;)

    here and there. • Since Nov 2007 • 6796 posts Report

  • Russell Brown,

    I've thought since the re-trial started that it was like the OJ Simpson case.

    He was probably guilty (oh, alright, OJ was definitely guilty) but the prosecution was undone by careless police work. What you have to overlook to find Robin Bain guilty is quite prodigious.

    The interesting thing will be to watch the way the media handles the questions of compensation. I think the difference in the burden of proof between a failure to convict and a guilty verdict might be quite a hard sell.

    Auckland • Since Nov 2006 • 22850 posts Report

  • Jackie Clark,

    To me, it's a very puzzling case - I have never believed he was guilty. Don't ask me why, I really don't know, and nor does it matter. It's one of those cases, I think, where the only person who knows is the person directly involved. And he doesn't seem to talk a great deal. Will he, in the next few days, weeks, months? I hope so.

    Mt Eden, Auckland • Since Nov 2006 • 3136 posts Report

  • Islander,

    Probably not Jackie - in fact, if he is well-advised, he will never say anything - except about his personal happiness- just now- ever again.

    You see, there are an awful lot of wounded family members around- and they are nice ordinary lovely folk who- arnt happy.

    Big O, Mahitahi, Te Wahi … • Since Feb 2007 • 5643 posts Report

  • LegBreak,

    First of all, I'm glad it's over. Bored me senseless.

    Secondly. I reckon Robin killed the first 4 (yes, with a full bladder), David came home, fight, then David killed Robin.

    All the evidence points towards that.

    Shame he didn't admit it at the time. Would've been so much cheaper on the taxpayer.

    Wellington • Since Nov 2006 • 1162 posts Report

  • Islander,

    As a taxpayer, I regret the expeniture (and it's going to go on) but as someone who holds the rule of law in esteem, I'm glad it did.

    Legbreak, there is no evidence whatsoever that Robin & David fought.
    There is good evidence that Stephen & David did.

    Big O, Mahitahi, Te Wahi … • Since Feb 2007 • 5643 posts Report

  • Rich Lock,

    If you think he actually did it (my hand is up) then he did 15 years; you have a result.

    In the UK, people who are convicted of a serious crime, who then serve a life sentence and are released, have to deal with a whole bunch of stuff subsequently.

    Declaring convictions, living on more or less permanent probation (which can be, and frequently is, revoked at the drop of a hat), and so on.

    Not making any particular point, just noting that there are differences. I'm assuming the sitation is broadly similar over here.

    WRT compensation - as it was explained to me by another PAS'er earlier - this will be at the discretion of a (single) QC, who I would guess from 3rd-hand comment on the case (I've not been following it), would be unlikely to grant it (thanks Logan).

    back in the mother countr… • Since Feb 2007 • 2728 posts Report

  • ScottY,

    I was never absolutely convinced of Bain's guilt. I thought the evidence against him was strong, but that there were also matters the Crown could not explain.

    The jury were there and heard all the evidence, so I'm going to trust their judgment on this one.

    Whether or not you believe he's gulty, he's had 13 years behind bars. He probably won't get compo, so those years are lost to him.

    He's been found not guilty, and we should respect that and let him get on with his life.

    West • Since Feb 2009 • 794 posts Report

  • 3410,

    The last three months has been quite a rollercoaster, with much debate over the quality of photographic evidence and some odd judicial behaviour, etc., and whilst it has been fascinating, I'm glad that it is finally all over.

    I know that many will disagree with the decision, but I hope that all will put these feelings aside and join me in congratulating Christobelle on her victory.

    Auckland • Since Jan 2007 • 2618 posts Report

  • Hilary Stace,

    What I don't understand is that it had to be an all or nothing case. The scenario that seems to fit the evidence best is that David came home to find them all except Robin (who had thoroughly lost it) dead and there was a struggle and possibly David shot Robin in self-defence. David seems so traumatised by the whole affair (as would anyone who finds his family all dead) that it has been blocked from his memory. He has apparently been further traumatised by the details that came out in this latest trial. So even if that is the scenario, he has more than done his time, and paid a huge price.

    It is all tragic except for the staunchness of all the supporters and of course Joe Karam. I don't really approve of such labelling but someone here mentioned the poignant friendship of the All Black and the Aspie.

    Wgtn • Since Jun 2008 • 3229 posts Report

  • Jeremy Eade,

    Well one thing ya gotta say

    Robin Bain. WTF!!!!!

    auckland • Since Mar 2008 • 1112 posts Report

  • Islander,

    Hilary - again, NO evidence for that (David coming home & shooting Robin in self-defense.)
    And, please, remember all Robin Bain's (and Margaret's) families are crying right now-

    Big O, Mahitahi, Te Wahi … • Since Feb 2007 • 5643 posts Report

  • Sacha,

    the poignant friendship of the All Black and the Aspie

    Thanks, Hilary. I hadn't even made the connection and must have missed the original comment. Suddenly Bain makes more sense, though I still do not know what happened. Might have, might not have.

    Ak • Since May 2008 • 19745 posts Report

  • Islander,

    Hilary, do you have any evidence at all that David Bain is Aspergers?
    (One of my family is Asperger''s, and that has *never* been suggested in Otago citcles.)

    Big O, Mahitahi, Te Wahi … • Since Feb 2007 • 5643 posts Report

  • Sacha,

    It does seem to fit his demeanour, Islander. Not getting into the stuff you mention about his family as I do not know anything.

    Ak • Since May 2008 • 19745 posts Report

  • Russell Brown,

    I have to say, unless Hilary has more information than us, David Bain didn't scream "aspie" to me.

    Auckland • Since Nov 2006 • 22850 posts Report

  • Hilary Stace,

    No - no evidence for being an aspie, - as I indicated it was speculation by those who are pretty attuned to aspie-ness, and has been rumoured for several years.

    I think there are links between David Bain and Susan Boyle - two honest simple souls (and that is not being patronising) caught up in a maelstrom.

    And that is not to deny the very real pain, anger and trauma suffered by many many people caught up in this case.

    Wgtn • Since Jun 2008 • 3229 posts Report

  • Russell C,

    Like some of the other I fall into the 'I think he did it' camp but heck, my sympathies for the jury - trying to make sense of 3 months of frequently conflicting 'expert' testimony etc amidst the huge weight of public interest in this case - sheesh. Frankly I was not surprised that they came up with the verdict they did - reasonable doubt in these circumstances always seemed likely to me.

    Was has particularly irked me about this case since the announcement of the quashing has been the media campaign (courting of public and political opinion) by the Bain team on the grounds of cost. Are we supporting justice or just cost effectivenesss? Mind you lets not forget Billy Bragg's line 'this isn't a court of justice, this is a court of law...'

    Wellington • Since Nov 2006 • 37 posts Report

  • Hadyn Green,

    Has anyone made a "search for the real killers" joke yet?

    Wellington • Since Nov 2006 • 2090 posts Report

  • Yamis,

    I could never really make my mind up but perhaps slightly drifted towards Robin being the killer...

    until the retrial.

    During the proscecutions case I was swung the other way, and then I heard the recording of the emergency phone call and that basically sealed the deal for me.

    The way he simply answered the callers questions sheesh...

    Since Nov 2006 • 903 posts Report

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