Bain powerpoint template

David Bain:

Transcript: Compensation Prosecutorial Misconduct Prosecution's approach to criminal cases Facts Accepted at trial that the bloody sock-prints were David's Subsequent forensic testing raised doubt about this Robin or David? Controversy All victims were killed using David's .22 calibre Winchester semi-automatic rifle The Honourable Ian Binnie was commissioned by NZ Justice Minister Simon Power to examine Bain's application for compensation His report recommended that Bain be compensated The rifle was kept in David's wardrobe and had been unlocked using David's hidden spare key "The only family survivor is the claimant, David Bain. Apart from his testimony the case is almost wholly circumstantial." Laniet's Gurgling Failure to test for firearm discharge residue Pathologist denied entry to house for several hours after discovery of bodies Date and time function on camera Skin samples surrounding gunshot wound not preserved Lack of synchronised watches Destruction of Bain family home Det Sgt Weir destroying evidence prior to appeal Loss of 2nd witness statement Deliberate non-disclosure of correct time on computer Opthalmologist retracted statement Errors of Law The Crown's presentation of assumptions and partially contradictory evidence at trial revealed a cavalier attitude towards the case Treated the facts as though it was an open-and-shut case How often does the Crown present circumstantial evidence as fact in criminal trials? There was a struggle in Stephen's room Judge acts as a gatekeeper in a jury trial Determines what evidence the jury hears and does not hear There is potential for key exculpatory evidence to never make it before the jury Despite the fact that the Justice Minister specifically chose an overseas judge to examine the application, the government reacted negatively to Binnie's report The new Justice Minister ordered a peer review, which concluded that Binnie "went beyond his mandate" The report was originally not released to Bain's legal team Following a public spat between Binnie and the Justice Minister, the report was released Bain has still not been compensated. Stephen had been choked in addition to being shot Police Misconduct Forensic Failures Prosecutorial Misconduct Defence Failures Errors of Law "...when you look at the position of the magazine near [Robin's] right hand, the fact that it is standing on its edge, is explainable logically only by being put there rather than having fallen...if it had fallen, it would have fallen on its side." The Crown presented the above as the only logical explanation of the position of the magazine, despite other evidence This was used by the Crown to rule out a suicide A glasses lens was found in Stephen's room The Crown alluded to Bain's statement that he had heard Laniet emitting a gurgling noise upon discovering her body This was presented as evidence that he must have been the murderer, despite other possibilities "Only one person could have heard Laniet gurgling...that person could only have been the murderer." Attack on credibility: ownership of glasses David's bloody fingerprints found on the rifle Subsequently suggested that the blood may not have been human May 1995: Original Trial (Justice Williamson) December 1995: Appeal to the Court of Appeal (Cooke, Gault, Thomas JJ) April 1996: Leave to appeal to Privy Council denied December 2000: Petition to Governor General for "Mercy of the Crown" (Justice Minister Phil Goff) Robin's Mental State Whodunnit? At least some of the clothing in the washer belonged to David Blood, particularly from Stephen's room, had been tracked around the house Robin's fingerprints not found on the murder weapon The fibres underneath Stephen's fingernails from David's sweater David's unexplained injuries The rifle was found next to Robin's body along with a cartridge Way in which jury was advised New Zealand's response The defence failed to present evidence to the jury of Robin's mental state This was despite evidence that he was quite seriously disturbed and depressed The jury would have considered him quite normal in contrast to David, especially in response to the Judge's question: "who did it? David Bain? Robin Bain?" Failure to submit this evidence at trial amounted to a miscarriage of justice Police Misconduct Conclusion "It is my opinion that the egregious errors of the Dunedin police led directly to wrongful conviction..." If not for the intervention of an outsider, Bain would have remained in prison Joe Karam Privy Council Hon. Ian Binnie New Zealand's institutions alone would not have allowed for his exoneration Bain asserted that he was the only person who knew of the existence and whereabouts of a spare key to the trigger lock This statement was presented by the Crown as fact, pursuant to three assumptions which could be easily rebutted These rebuttal points were not considered at trial Dean Cottle's evidence not admitted ? Bloody fingerprints David completed the newspaper delivery route Bloody sock-prints The

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