CK Stead slams Binnie report as showing clear bias

The NZ Herald seems to have changed it’s tune a fair bit on David Cullen Bain, now printing stories critical of Binnie, Bain and Karam.

This morning there was a letter from CK Stead:

I have an impression that in some degree, Justice Binnie may have entered the fray in the same spirit, seeing himself as someone called in to “right a wrong”, though he is certainly not, I should add, one who is impatient with the facts or unwilling to wrestle with them, one at a time.

But that “one at a time” is part of the problem.

He’s not the only one. Have a read through the various interviews that Binnie had and read with increasing anger at was clearly a bias and opinionated judge, off to make a name for himself at the expense of NZ taxpayers.

Stead picks up on this bias and wording and notes:

As Dr Fisher points out, a circumstantial case depends on the strength of a single rope made up of many strands, any one of which may be insufficient. Justice Binnie’s method is to begin with the Luminol footprints, the weakest strand (at least in the sense of being the most technical and therefore technically arguable), declare it favours David Bain, and then bring each of the other strands in the case up against those footprints and find it wanting. And it is to the footprints he returns first in his “Summary and conclusions as to factual innocence” (p.138).

Yet even Justice Binnie admits “‘luminescence’ in the dark does not exactly give rise to laser-like accuracy”, and agrees “there must be some room for error in the Luminol measurement” (p.79/257). It seems strange, therefore, that he has “no hesitation in recommending that the Minister accept the results of the tests of Mr Walsh” [for the Defence] (p.77/251), and proceeds from that point in a manner which suggests the case for innocence has been made and needs only be demonstrated by reiterating the defence argument against each of the other strands.

His consequent bias is apparent in statements like the following: “It is only the fingerprint blood that can tie David Bain rather than Robin Bain to the killings.”Only? And there is nothing at all that can tie Robin to the murder weapon except that he was killed with it!

Another example of this bias: “Nothing has been established beyond a reasonable doubt. Nevertheless, the cumulative effect of the items of physical evidence, considered item by item both individually and collectively,?and considered in the light of my interview with David Bain” [my italics] … “persuade me that David Bain is factually innocent” (p.139/ 463). But why should items of fact, none of which, Justice Binnie concedes, is “free of difficulty”, be considered “in the light of” the accused’s own testimony, which is more likely than any other to be false?

A further example: “If David Bain’s recollection … is accepted, and I do accept it, then the force of the prosecution’s argument … is much diminished” (p.38/124). But of course if we only have to go to David Bain for the truth, then the prosecution’s argument is not just diminished – it’s dead! What kind of source is the accused for the truth of the matter in a case of murder?

Don’t believe an eminent and?perspicacious?writer as to the tone of bias throughout? Go read them for yourself…you will be astonished.

Now that many people are starting to get past the manufactured image of David Cullen Bain, after 15 years of persistant PR and the legal silencing of critics by Joe Karam they are starting to see the snow job that has been put on us all. The worry is that Binnie was so easily compromised and sold the sob story.

Predisposed as he is, Justice Binnie is able to wave away David’s brother’s blood on his clothes; the broken glasses at the murder scene which were of use to David but not to Robin; David’s fingerprints on the murder weapon and his handprint on the washing machine; David’s admission that he heard his sister gurgling and that he alone knew where the trigger key to the rifle was hidden; the blood on David’s gloves – and many other finer strands in that rope of circumstantial evidence. Instead of David Bain as the killer, Justice Binnie offers us (since there is no third alternative) a murder by the father, Robin, who must have worn gloves (why?) while killing his wife and children, then changed his clothes and put the blood-stained ones in the washing basket (again, why?) before killing himself, still with a silencer on the rifle (why?) and having first turned on the computer to write his confession rather than writing it by hand. Justice Binnie dispenses, it seems to me almost casually, with each of these elements, as with David’s strange behaviour after the murders.

This is the most unconscionable part of Binnie’s whole sham of a report…the laying the blame of the murders at the feet of a man who cannot defend himself…or be interviewed.

David Cullen Bain doesn’t deserve one cent in compensation. He should be carded and ignored for the strange fellow that he is and was.

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