A juror from the second trial of David Bain wrote to the justice minister urging him not to pay compensation for wrongful conviction and imprisonment.
Mr Bain, 39, was acquitted in 2009 by a Christchurch jury of charges he murdered his parents Margaret, 50, and Robin, 58, and three siblings Arawa, 19, Laniet, 18, and Stephen, 14, in June 1994 in Dunedin.
The juror wrote to then justice minister Simon Power in April 2010 raising, among other things, misgivings about the conduct of the jury during the trial.
The Dominion Post cannot report much of the the letter because the law prevents the publication of material revealing the deliberations of a jury.The Bain juror also expressed concerns about the jury not having access to evidence that was suppressed until the verdict was reached and then released after the trial.
In the letter, the juror reveals three other jurors, of their own volition, visited Every St, where the murders took place, during the trial.
Jurors must reach their verdict only on evidence heard or seen in court. They must not make their own investigations during the trial.
In closing, the juror says: "Given the extraordinary length of this trial, the overwhelming media and public interest in the case, the complicated technical evidence, upsetting photos and exhibits, and the conflicting evidence of the experts, this trial certainly took an emotional toll on all of us." The jurors were offered counselling during and after the trial.
These revelations should come as no surprise to anyone. If anything, we believe that the Crown made a stronger case for David Bain's guilt at the second trial, and the jury's verdict was, in our bush-lawyer opinion, against the weight of that evidence.
Justice Ian Binnie will not see the letter to which the Dom-Post story refers. His recommendation to the Minister will be based on his expert assessment of the evidence. On that basis, we hope that his assessment of the evidence against David Bain is similar to that which many, many thousands of New Zealanders hold, and that he recommends that an acquittal is as good as it is going to get for David Bain and for Joe Karam, and that no compensation is offered.
9 comments:
I don't see much in this (but most information was not revealed).
Access to evidence was an issue at both trials as it is at many trials.
It's hard to see what effect visiting Every Street would have. There's nothing related to the case there to see.
I have followed the case quite a bit but I wouldn't say in depth. From what I've seen there are weird things on both sides of the argument.
Mostly I interpret comments on evidence as "surely that means" rather than compelling proof.
I can understand some peoople (including jurors) of having doubt, reasonable or not.
It's hard to separate human emotion from it. For example it's a possible a wavering juror could swing to 'not guilty' thinking 'maybe if he didn't do it he has been punished enough already'.
Despite what anyone feels either way we have a legal process that we have to let take it's course, imperfect as it is.
I can't believe Karam is writing another book?
Are you serious?
Where would that man be without these murders?
"Where would that man be without these murders?"
Certainly a successful All Black and rugby league career, not to mention a very profitable business one, may go part way in answering your question.
Anon 8:18.
You've beat me.
I was going to post a joke in the open forum but nothing I've got matches the hilarity induced by your post.
Huh...
His wiki page says he played ten rugby games and then it's all about Bain - and his books.
WOW.
Tinman - May i suggest you get out more often? :)
@ Jackie - are you stalking Tinman?
And your Wiki page says what exactly...Jacqueline?
Yep thought so...
Anon - OUCH.
How did you get so clever?
I will create a wiki page for myself when i have thrown a ball around for a few hours and then devoted my life to and gotten famous by defending a murderer.
Post a Comment