Friday, June 05, 2009

David Bain found not guilty: should get compensation

David Bain has been found not guilty. He has been wrongfully imprisoned. He should get compensation for more than 12 years of wrongful imprisonment but unfortunately National have earlier stated its refusal to do so because his innocence has not been "proven".

But in court he never had to prove his innocence. The Crown had to prove he was guilty beyond reasonable doubt. The Crown spent millions of taxpayers money on its flawed case and failed to do so. That amount does not includes salaries. A public jury effectively said the police had got it wrong all along.

Chief Bain supporter Joe Karam deserves a knighthood for pushing this case, now that this most high profile and most expensive trial in this small country has ended.And I'm not saying that because I'm related to Karam, either. I also know David Bain's cousin. He's been watching this trial fairly closely. Indeed, New Zealand is a small country.

If David Bain did not do it someone else did. Nobody has been - or will be - held to account for the murders, apart from someone who has been acquitted for not doing it, after being earlier found guilty.

The fact that the Government had already said David Bain would not get compensation is the real miscarriage of justice. Why should he have to prove his innocence to the Government on a higher test than the balance of probabilities when the courts have found him not guilty?

Note: Lets be clear. It is irrelevant who murdered the Bain family. What is relevant is the fact that the legal system - rightly or wrongly - has decided that Bain is innocent of associated charges. Courts look at evidence, not facts.




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