David Bain not guilty
Monday, June 08, 2009
- Organization: The Press
In the end, the deep, beautiful singing voice that spanned three octaves failed him.
It was about 20 minutes after David Bain heard the words he and his supporters had waited 15 years to hear.
About 5pm yesterday, the jury forewoman rose to her feet and, after each charge was read, she said: "Not guilty."
Not guilty for the murders of his family - father Robin, 58, mother Margaret, 50, sisters Arawa, 19, and Laniet, 18, and brother Stephen, 14 who were shot in an execution-style killing with his .22 semi-automatic rifle on June 20, 1994.
Bain was convicted of their murders in 1995, and 14 years later has been found not guilty in the High Court in Christchurch.
The jury of seven women and five men had reached their verdicts after only five hours and 50 minutes of deliberations, following a trial of 13 weeks, totalling 180 witnesses and 3700 pages of evidence.
After the verdicts, a juror hugged Bain outside the courthouse, another shook his hand.
A press conference had been organised, and as Bain and his longtime advocate, Joe Karam, emerged from the court building they were greeted with cheers and whistles as though they were pop stars. "Well done! Good on you, David."
But when it came to making a statement, Bain, tall, thin-faced, almost in tears, said: "All I can say is without Joe and his solid strength and without the love of the people who have supported me since day one, I would not have made it through to this stage. Joe has been through everything for me."
Then he seemed to lose his voice.
Beside him, Karam, who ran a dogged campaign to free Bain, did most of the talking, as he has done for the past 13 years.
"Well, two years ago, Michael [Reed, QC] and David and I walked out of these doors. Within a month or so of that, we were forced to embark on what would go down as the criminal trial of New Zealand history," he said. "What has mattered what has really mattered is that the truth, as I said 13 years ago, has finally fallen where it has always been."
"Good on you, Joe," broke the train of his oratory.
"It has only been a very unfortunate attitude by various authorities and now is not the time to bring them up that has caused this thing to last until 2009. And put this good man here through what he has been through," Karam said. "I could not have fought the evil that I've had to fight without David. A lot will be said over the next few days, but David and I would like to have a tipple right now.
"What kept me going is he is an innocent man beaten down by a lot of myths and legends which have been fuelled by some very irresponsible reporting over the years.
"I had no doubts no doubts since 1996. I've said, `Give us a day in court. No jury will ever convict this man. The evidence against him is nothing more than smoke with no fire'."
Later, Karam and Bain celebrated with supporters in a Christchurch hotel.
The verdicts when they came caught everyone by surprise as most were predicting at least another day of deliberations.
Bain stood in the dock with Alan, a prison guard from Edinburgh and a Rangers football supporter, beside him, as he had been for most of the retrial.
Bain wore a dark suit and a polka-dot tie and seemed calm and composed as the jury forewoman, a learning specialist, rose to give the verdicts.
After the first not-guilty verdict, supporters in the public gallery erupted in cheers and clapping. Not guilty on one meant not guilty on all charges.
David Bain was going home. The rest of the verdicts could hardly be heard as the celebrations started.
Many burst into tears, but Bain seemed gobsmacked. The colour drained from his face and his mouth hung open.
Then he smiled broadly in the direction of Karam and his other supporters.
He was ushered into the holding area beside the court, out of the public gaze, and became "very emotional", Karam said later.
"David was crying. We had a great big hug like we have done many times for the last 13 or 14 years."
Bain composed himself and after 15 minutes left the courtroom into the arms of his supporters and some lingering hugs.
One of those hugged closely was Dunedin pharmacist Patti Napier, who had supported Bain since his arrest on June 24, 1994.
When he was in prison in Christchurch, she tried to visit him every month and ran her family of four around his needs.
"This is just unbelievable and we are just ecstatic," she said. "It's been a very long time coming.
"If I'm putting coherent sentences together I'm doing very well. I don't know what we are doing tonight, but it will be loud and large and there will be a lot of people having a stiff drink because we've all earned it."
Her husband, Lindsay Robertson, said 15 years of hell was finally over.
"We did over 150,000 kilometres in our car and we wore out two sets of tyres visiting David."
Carolyn Davies, with whom Bain stayed throughout the trial and who packed his red lunchbox every day, could not speak and burst into tears when approached.
A Dunedin supporter, Catherine Spencer, said: "This has been 15 years coming. I always knew this would happen one day, but I had so little faith in our system that it's always great to be surprised by it.
"I knew it was a really strong case and I never doubted they would find David not guilty."
As Bain moved towards the lift, jury members mixed with supporters and Karam invited them to the after-trial celebrations at the Chateau Blanc, where the defence team has been staying. Several were keen to go. They would be heroes.
The same jurors shook Bain's hand downstairs.
Long-time supporter Christina Gibb said she was thrilled and relieved.
"At last we have seen justice done."
THE PLAYERS OF THE DAVID BAIN RETRIAL
Kallum Croudis
The Dunedin detective sergeant arrested David Bain in 1994 and took part in the original investigation leading to Bain's first trial in 1995. He was second-in-charge to the efficient and experienced Detective Inspector Ross Pinkham in the re-investigation of the case, on which, at its peak, about 25 officers worked. The team was reduced to a core of eight. Croudis is a career officer and a jovial character. He is usually polite and gracious, but a man of steel and intelligence underneath. He was not smiling after the verdicts.
Justice Panckhurst
He is regarded as the best criminal court judge in the country and was an excellent Crown prosecutor before being promoted to the bench about 13 years ago. He showed great courtesy to the jury and was anxious to keep the trial moving. He has had a nightmare two years dealing with countless pre-trial applications and manoeuvres that would have sunk a lesser man. The Bain defence team thought he was harsh on them, but he was often goaded by Bain's lawyer, Michael Reed, QC. The judge worked hard not to lose his temper.
Kieran Raftery
The lead Crown counsel could never keep his robe on his shoulders in court. A professorial type with a strong musical voice, he came across as a warm teddy bear, except in cross-examination. He has a brilliant mind and made submissions and dealt with complicated arguments without notes. His emotional closing address in the retrial was excellent and many thought he would carry the day. A partner in the Crown Solicitor's office in Auckland, he has spent the past 20 years prosecuting serious criminals. He is from Manchester and has practised here and in London.
Michael Reed, QC
Pug-nosed and pugnacious, his upper-crust vowels and clipped speech featured strongly in his delivery. A former purser in the merchant navy, the Englishman did his law degree at Victoria University and was not called to the bar until his late 20s. He is regarded as a talented lawyer with a huge ego. District Court Judge Nicola Mathers is his second wife, and his daughter works as a prosecutor in Auckland. He has a dramatic approach and fondness for hyperbole. His criminal-trial background was sketchy and his inexperience showed at times. He is more comfortable in boardrooms and civil litigation. His closing was less than inspiring, but obviously did the job.
Joe Karam
A determined and nuggety character, he will not be pushed around. He was clearly obsessed by the Bain case and was never going to concede an inch. His background of "being his own man" stood him in good stead over 13 years pursuing justice for David Bain. He was an All Black and a successful businessman before taking on the crusade on behalf of Bain. He wrote many of the cross-examinations for the defence lawyers and acted as coach and manager of the team. He has a sharp intelligence and should have been a lawyer or police officer. The defence team referred to him as its one-man police force. He tended to rubbish arguments contrary to his own. A real force at the back of court, he could be heard muttering, gasping and sighing. He liked to give the lawyers instructions from the back of the court.
The jury
Seven women and five men. At times it was doubtful whether all would last the distance. One female juror could not look at pictures of wounds and blood, and her histrionics had to be kept in check by the forewoman, a strong character who looked as though she ran a good operation. Several jurors would regularly nod off, especially after lunch. Most seemed sensible and down-to-earth citizens who took their duties seriously. The jurors were concerned about just what reasonable doubt meant. The judge ordered a stress-relief session for the jurors after some said they had difficulty switching off and sleeping. Their occupations were a law graduate, a learning specialist, a flight attendant, a baker, an engineering assistant, a mother, a graphic designer, a clerk, a superannuitant, a director, a draughtsman and an administrative officer. A juror hugged Bain outside the court after the verdict and another shook his hand. Several were invited to the after-trial party.





