The Privy Council in London has quashed the conviction of New Zealander, David Bain. for the murder of his family...
The Privy Council in London has quashed the conviction of New Zealander, David Bain, for the murder of his family in 1994. The lawlords claim a substantial miscarriage of justice has actually occurred.
David Bain has served 13 years for the murder of his parents, sisters and brother in Dunedin, New Zealand in 1994, at his trial in 1995. New Zealand's Court of Appeal was rebuked for not accepting new evidence in 2003. They claimed there was not enough to outweigh the "overwhelming" evidence of guilt.David Bain has always maintained his innocence, blaming his late father of murder and suicide.
The Crown in New Zealand would face significant problems holding a retrial because some witnesses were now dead.They would also have to put all of the evidence before a new jury - not just the evidence they wanted in the first trial.
Bain's lawyer said that David Bain should not be put through another trial because of the cost to the country; he should be released and pardoned.
The New Zealand Government has already abolished the right for future applications to the Privy Council - they have already created a new Supreme Court of New Zealand. But the question is now asked if they actually acted hastily, and has NZ enough experienced judges to act on their behalf. Questions are now asked about the quality of justice in New Zealand, considering the impact of previous trials and the actions of the NZ Police Force in recent times.
Or is this all part of a political attack against the ruling left of centre government?
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