Author Topic: The Bain family killings - An introduction to the case.  (Read 1608 times)

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Offline John

The Bain family killings - An introduction to the case.
« on: August 24, 2017, 11:03:58 AM »
The Bain family killings - An introduction to the case.

The Bain family murders were the deaths by gunshot of Robin and Margaret Bain and three of their four children – Arawa, Laniet and Stephen – in Dunedin, New Zealand, on 20 June 1994. The only suspects were David Cullen Bain, the oldest son and only survivor, and Robin Bain, the father.  David Bain, aged 22, was charged with five counts of murder. In May 1995 he was convicted on each of the five counts and sentenced to mandatory life in prison with a minimum non-parole period of 16 years.

Bain's case was taken up by businessman and former All Black Joe Karam. In 2007, Bain's legal team, guided by Karam, successfully appealed to the Privy Council, which declared there had been a 'substantial miscarriage of justice'.  He was released on bail in May 2007. The retrial in June 2009 ended with his acquittal on all charges.

Happier times!  The Bain family at home in Dunedin, NZ, a few years before the killings.

Speculation about the case continued long after Bain was acquitted, including whether or not he should receive compensation for the years he spent in prison. Canadian jurist Ian Binnie was appointed in November 2011 to review the circumstances and advise the government on whether compensation should be paid. Binnie concluded that the Dunedin police made 'egregious errors' and that the 'extraordinary circumstances' in the case justified the payment of compensation. This report was rejected by the Minister of Justice, on advice from High Court Judge Robert Fisher.

In March 2015, the government appointed Ian Callinan, a retired justice of the High Court of Australia, to conduct a second review of Bain's compensation claim.  Callinan's Report, in which he concluded that Bain was not innocent on the balance of probabilities, was delivered to the Minister of Justice on 26 January 2016. The Minister announced that no compensation would be paid, but that Bain would be given an ex gratia payment of $925,000 if he agreed to stop all further legal action.
« Last Edit: August 24, 2017, 11:08:00 AM by John »
A malicious prosecution for a crime which never existed. An exposé of egregious malfeasance by public officials.
Indeed, the truth never changes with the passage of time.