David Cullen Bain

I wouldn’t whine if millions of dollars were at stake

via Newstalk ZB

via Newstalk ZB

Mr Reed, who acts as David Cullen Bain’s lawyer thinks it is a good strategy to whine and moan about the location of the judicial review now that it has been shifted from Auckland to Wellington.

Of course, Bain can’t pay his legal team, so they’re whining that they’ll have to take the extra expenses on the chin.  Suddenly all that glorious “free advertising”  legal work is going to cost them real time and money.

So like the small minded and short sighted idiots that they are, they decided to whine about it.

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David Cullen Bain to seek Judicial Review

David Cullen Bain is seeking a judicial review of his compo case. All this guy does is cost the government money.

Lawyers acting for David Cullen Bain have today lodged a claim in the Auckland high court against the Minister of Justice seeking judicial review of the actions taken by her since she received Justice Binnie’s report in late August 2012.

Hon Judith Collins, Minister of Justice has commented;

“David Cullen Bain has filed judicial review proceedings today regarding his application for compensation.

Mr Bain’s application falls outside Cabinet guidelines and is entirely at Cabinet’s discretion. I have taken steps to ensure the process is fair and proper throughout.

Put simply, it would be unacceptable for Cabinet to base its decision for compensation on an unsafe and flawed report. That would not have resulted in justice for anyone, let alone Mr Bain.

Mr Bain has requested the Government put his application for compensation on hold. This will result in further delay. I am considering his request.

As this matter is now before the Courts I will not be commenting further.”

The Bain teams media statement also claimed that ;

“He no longer has any confidence that his claim is being assessed in a fair manner”

I hope that the court gives this short shrift and Bain is told to go away. Then once the court tells him to sling his hook, Judith Collins can ensure he is given nothing.

Geddis on Bain Compo Grab, Fisher was right in his review

Andrew Geddis comments at NBR in an article by Rod Vaughan (paid content) about the compo grab of David Cullen Bain:

“The cynic in me thinks they thought that the case against Bain was so clear that anyone who came in to look at it was going to give them an answer and they could make it go away.

“I genuinely think that [former Justice Minister] Simon Power thought Binnie was going to come back and say ‘he’s guilty, you don’t have to pay him’.

“And when Binnie didn’t do that, that’s when the fur started to fly.”  Read more »

David Cullen Bain shops here

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Apparently my voice is so monotonous it keeps people awake

Last night was my last night of my NewstalkZB summer stint.

After a slight altercation in the newsroom about scheduling, which shall remain between the protagonists, I spent the night talking with people about whether or not David Cullen Bain should get compensation.

But…on Pam Corkery’s Facebook page there was this comment from an unhappy listener.

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I’m new to talkback, but colour me surprised, I would have thought a voice that keeps people awake and angry is a requirement for talkback.  Read more »

Cactus on Rodney Hide’s shark jumping

Cactus Kate isn’t impressed with Rodney Hide’s little bit of shark jumping in the NZ Herald:

In the meantime in HoS Rodney Hide is jumping the shark about the Canadian rogue Justice Binnie.  I still cannot get over the pertinent fact that if David Bain did not kill his family, there is only Robin left and why on earth if you were slaughtering your family, wouldn’t you pop David after his paper run?  Rodney has studiously read almost everything on the case in his superbrain sort of way and is now his usual determined self that Binnie is right and Bain should get compensation.

Go leave your own comments on his column. Be polite but firm :-). I have already scrapped with him about it at length.  He wins the academic argument but I still win at a practical level.

Rodney is being very technical…but in an area that Binnie was never asked to report on…and he is forgetting that Binnie exceeded his brief.

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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.

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Whale Week What Was

682zoomWe started our Saturday by paying our respects to Norman Schwarzkopf Jr., the hard-charging US Army general whose forces smashed the Iraqi army in the 1991 Gulf War.  He died aged 78.  At The Standard 2012 Worst Political Blog Mike Smith is told some home truths about long term grass-roots Labour families heading for the Greens.  A quick vid on how to put out a boat fire the Kiwi way is next, followed by a vote for Best Minister.  The winner, at 52%, is Judith Collins.  The Whale Week That Was summarised all the stories this blog covered in the previous seven days.  A quite active Saturday Debate (for the time of year especially) led a post calling for nominations for Best Political Blog.  Those who see WOBH as any sort of threat to them (and those that don’t too), should take heed of this Malcolm Tucker quote: “marshal all the media forces of Darkness to hound them to an assisted suicide”.  A CNN piece showing Teachers in Utah taking a class on gun use shows some common sense around the gun debate.  A reader has taken yesterday’s US Fiscal Cliff graphic and created one for New Zealand – great work.  As Cameron Slater predicted from the outset, the Aussie Hoax DJs will not face charges.  The NZ Herald continues to amuse – this time a car crashed into a poll.  The blog then introduces us to two sexy taxidermists showing you don’t have to look like a front row forward to deal with dead animals.  And you’d think we’re picking on an incompetent NZ Herald, and you would be right.  This time they have Jesse Ryder beating himself at Eden Park in Wellington.  Then a hilarious story about a Queensland woman who fell into the longdrop and was there for two hours before being discovered by her husband.   Turns out that during the Falklands War the French tried to send missiles to Argentinia behind Margaret Thatcher‘s back.  Commerce first eh?  The last post of the day highlights a report of a man holding up a Countdown Supermarket with a hammer.  Our readers get fired up about the idea of hammer banning.

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Herald playing catch up

TRUTH_Page_1_Jan3David Fisher has taken time out from gazing longingly into Kim Dotcom’s eyes to write an article obviously intended to try to poofinger Truth and our story about David Cullen Bain lying.

Unfortunately for David the paper was delivered yesterday and is available in stores now.

What David fails to tell the readers of the Herald is that it wasn’t actually the Herald that obtained the Official Information Act request…it was the Herald on Sunday…and they ran their story about this two Sundays ago conveniently ignoring this little bombshell because it didn’t suit their activism on behalf of David Cullen Bain. You will note that the article published two Sundays ago in the Herald on Sunday, editor Bryce Johns implies that Michael Guest said Bain should be paid compensation…when you will see below he says nothing of the sort.

Now we see the Herald on Sunday has passed on their OIA response to the NZ Herald…so much for the chinese walls and editorial independence ..shattered now…and have published an article 11 days and two Sundays after the Herald on Sunday received their response from the minister’s office.

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Who should be buying Truth this week?

David Cullen Bain and Joe Karam should be and explaining to the population why they are keeping evidence about the glasses hidden and why he lied about them in the first trial.

Truth has exclusive new details.

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