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Media circuses and a chance for justice

Last updated 10:51 08/06/2009

So, David Bain is free at last.  I wasn't on either of the two juries, I didn't hear all the evidence, didn't see the witnesses first hand nor do I have the opportunity to weigh it all up and make a reasoned call so don't expect me to second-guess those 24 people and their very different findings.

Watching the Friday verdict and the cheering, jury-hugging partying that went on after, I guess the Bain team had every reason to celebrate and the media had licence to go a little over the top in the weekend's coverage.

But I also can't help but remember the media circus when he was released from jail on bail in May 2007.

Then, to applause and cheering he waded through a crowd of beaming TV presenters, shouting journalists and jostling cameras that acted and questioned him as if he had been acquitted and freed. Newspapers, magazines and current affairs shows feted him and his biggest supporter Joe Karam, there was wall to wall breathless coverage of the pair and their activities.

The problem is, back then, Bain was not acquitted. He was not a free man. After he had served 13 years in prison for the 1994 killing of his father, mother and three siblings, the Privy Council had only quashed the convictions and recommended a new trial. He was still actually accused of the murders.

At that time the courts obviously decided there was a case for Bain to answer because it rejected an earlier application by his legal team for a stay of proceedings that would have stopped the retrial.

The initial media hysteria over his release seems like a collective failure in editorial judgement but I guess reporters, editors and producers will consider themselves absolved by Friday's verdict.

This second trial was always going to one that swung on the question of reasonable doubt. Certainly the determined Joe Karam has spent more than a decade believing in Bain and doing his best to generate that doubt.

As a result of that Karam campaign, the sensational nature of the crime and the first trial with all the subsequent hearings, I doubt if there was a person in the country who didn't have an opinion on his guilt or innocence.

I don't envy the Christchurch jury's job of putting aside any preconceived prejudice, cleaning the slate and listening to the evidence for all those weeks with a completely open mind. I am sure the jury must have but it can't have been easy.

Karam has spent more than a decade in a well orchestrated media campaign determined to prove Bain's innocence and his arguments are deeply planted in the minds of some people. That raises an interesting point.

Often we see stories alleging a miscarriage of justice, claims of a wrongful murder conviction and a campaign generated in the media for the retrial or release of the person convicted. I can think of at least four such high-profile cases that have been dragged through the media recently.

The point is, if the campaign works and the convicted person gets a fresh hearing, how can anyone who has been exposed to the coverage confront the issue with an open mind? It must certainly detract from the prosecution case.

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Rick   #1   12:58 pm Jun 08 2009

It's easy to slander a dead man. No-one's been campaigning to clear Robin's name for 10 years. Ironically, it turned out that the Crown could never get a fair trial in New Zealand. The fawning media seemed to equate reasonable doubt with innocence, and the jury didn't seem to understand that if David didn't do it, then it had to be plausible for Robin to have done it, which it isn't.

Ben   #2   02:03 pm Jun 08 2009

I have to confess that having heard the verdict I made a coscious effort to avoid the news on TV and radio and for the first time in living memory did not buy a newspaper over the weekend. Neither did I read any opinion on the Internet.

I had anticipated this hystercal reaction - that is the modern media for you. And Bill, had you still been in charge of news at current affairs at TVNZ are you saying you would have stopped it? Would you have said to your staff, "Now look guys, lets play this straight; no hysteria. Just report the verdict, a quick glimpse of tears from David and then we move on and talk about important things like the impact of the rising dollar on exports." Sorry, Bill, I suspect you too would have milked this for all it was worth given the chance.

Alan Wilkinson   #3   02:10 pm Jun 08 2009

Bill, your point is valid, but subsidiary to and a consequence of the real problem which is that it is far too difficult to have miscarriages of justice overturned in this country.

Justice Thorpe's recommendation that a special body should be created to review and manage such cases as happens now in the UK is overdue for action. By solving the real issue it would also remove the one you highlight.

Jocelyn   #4   03:03 pm Jun 08 2009

I agree with Rick its easy to say the father did it as hes not around to say that he didn't do it. All the so called evidence against the father was what they call hear-say and how was he to say that it was incorrect as he, his wife and three children are died and only David is the only one alive. I wonder why no one asked if the father was going to kill his family why was David left alive, why not wait and kill him too before killing himself. Why???

Kirsty   #5   03:45 pm Jun 08 2009

@ Rick #1: it's just as implausible for David to have done it. I think if the defence proved anything, it was that it was INDEED plausible for Robin to have been the killer, thus planting the reasonable doubt upon which this case hinged.

Bill, while I agree that certainly the media has, over the years, given itself over to more and more emotional - and in many cases, biased - reporting, I think that in this case it is worth noting that there are always exceptions and in terms of NZ's criminal justice history, this surely is one of them. One can hardly blame the media for buying into and exacerbating the high levels of emotion surrounding this case. People are giving Wendy Petrie stick - why? She's allowed an opinion just like everyone else and she didn't know she was still on the air.

But I digress. I think it's important to take into account the extraordinary circumstances, both present and historical, surrounding David Bain, his supporters, his trial and his detractors, when assessing coverage of recent events.

Donna Hickman   #6   03:51 pm Jun 08 2009

Based on the Defence teams version of events: 1. The cat rolled around in Stephens blood including covering Stephens entire bedroom floor in blood from its fur, David Bain then proceeded to roll around on the floor (so he could explain why he was covered in blood), THEN David Bain proceeded to stumble around the house and bang into walls (whilst avoiding the cat) to explain him being covered in bruises, cuts and had broken glasses. BUT - WHERE IS THE CAT???? I was surprised that it was not sub-peoned by the Defence!!!!

Kirsty   #7   03:54 pm Jun 08 2009

@ Jocelyn #4 - Just because Robin's not around doesn't mean he didn't do it. That is flawed logic; Hitler wasn't around when the Nazis went on trial but we know he did it. David Gray was killed by police but we know he did it. And it's not "easy" at all to say that Robin did it - try telling that to David Bain, Joe Karam and Michael Reed, for whom it has taken 13 years to even get people to consider the possibility that Robin did it!

I think you need to carefully consider that if Robin was the perpetrator, for all the reasons the defence put forward, then you are not tracking a rational mind. I actually have every confidence that had David been asleep in his bed instead of on his paper run, he too would have been killed. I believe that while waiting for David to return, Robin's anguish overcame him, realising the enormity of what he had done, and decided to end it then and there, with only that one cryptic message remaining.

Robyn   #8   04:17 pm Jun 08 2009

There will forever be questions relating to what was, in fact, a "not proven beyond reasonable doubt" verdict. The most significant one is this; How could a man in his 50's described by everyone as a "cadaver of a man", frail and gentle, overpower a 15 year-old, determinedly fighting for his life, and emerge without a spot of blood on him? This is not a victory for Joe Karam. It is a verdict against the police procedures of the time versus the higher standards expected today.

"Christine"   #9   04:22 pm Jun 08 2009

Thank you Bill. At last someone is questioning the collective media's persistent challenge to a jury based justice system that has sustained our society for a long, long time. I too did my best to avoid all post verdict coverage. The result has been particularly personal and painful as, if certain other high profile convictions are challenged in the same way, I will end up returning to court to have my evidence cross examined along with the rest of 100s of witnesses whose peaceful lives were turned inside out. Unfortunatley the victims do the sentences as well and each time the media do the work up we remember.

Alan Wilkinson   #10   04:26 pm Jun 08 2009

Jocelyn, the evidence about Robin's state of mind (and body) was not hearsay. It was direct observation by several independent witnesses.

Likewise the statements Laniet made to other witnesses were not hearsay either. Whether what she said was true or not the significant element was that she said them, and that was what the witnesses were testifying to from their direct experience.

As far as your question goes, the trial was full of such unanswerable and unanswered questions including what possible motive David had.


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