Friday 5 June 2009

Kiwi 'murderer' David Bain not guilty

In a stunning reversal in the New Zealand High Court this afternoon, 37-year-old David Bain, after serving 12 years in prison, has been found not guilty on all five counts of murder.

In 1995, he was found guilty of murdering his father Robin, mother Margaret and his sisters Arawa, Laniet and brother Stephen, in June 1994. The convictions were over-turned by the Privy Council in 2007, pending a retrial.

At 4.30pm this afternoon in Christchurch's High Court, the jury delivered the not guilty verdict, after 54 days of evidence from 184 witnesses.

The New Zealand Herald reports...

  • "The jury in New Zealand's most sensational trial has found David Bain not guilty of murdering his family 15 years ago.

    Outside court, Bain thanked his supporters, particularly fomer All Black, Joe Karam.

    "Without Joe and his solid strength ... I wouldn't have made it through this far," Bain said. "Joe's been there through everything for me".

    Karam said the truth had, "finally fallen where it has always been". He went on to blame "various authorities" for allowing the case to drag on so many years. The trial would go down as the “criminal trial of New Zealand’s history”, Karam said.

    The seven women and five men returned to the High Court in Christchurch about 4.45pm and delivered the not guilty verdict on all five murder charges.

    Cheering from the gallery greeted the verdict. Inside the court, Bain met the verdicts calmly smiling broadly at his supporters. He then went straight into a room, where he was described as being very emotional.

    As the judge left the room loud clapping broke out and more cheering and laughter could be heard.

    The trial has captured the public imagination like no other trial in New Zealand's history. Television coverage of the verdict today matched the media flurry attracted by President Clinton's visit in 1999.

My mate David Farrar at KiwiBlog writes...

  • "Regardless of my personal views on who did it, he has won his day in court and the jury’s verdict stands. Joe Karam will feel a strong sense of vindication.

    Ironically, I believe Bain should thank the Police. If they had not stuffed up aspects of the original investigation, a different verdict might have occurred - but they did, and there was reasonable doubt

    It will be interesting if he applies for compensation, as that required convincing a QC on the balance of probabilities you were innocent.

BACKGROUND:
TVNZ Coverage
The David Bain case 1994-2009

Bain trial: Prosecution and Defence cases

1 comment:

Jude Johnston said...

I followed this case the first time around and with the magic of the Internet, was able to follow this trial as well.

David was found not guilty, but
until someone can convince me that his father, Robin, who turned his radio on when he woke up, dressed and collected the paper on his way inside for his morning prayer ritual, went to Davids room, found the key to unlock the container where David kept the bolt, went and shot his wife, then his 14 yr old son, who fought for his life, went and shot his two daughters, went back to Davids room, left the white gloves of Davids that he had used, went back to his caravan, changed his clothes, went back into the house, put the bloodstained clothes in the wash, without leaving any fingerprints, went into the lounge, turned on the computer and typed a message, placed the gun in an awkward postion and angle and then shot himself, and all with a full bladder, .......