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Thread ID: 138782	2015-01-23 00:31:00	Should David Bain receive compensation?	Zippity (58)	PC World Chat

Post ID	Timestamp	Content	User
1392623	2015-01-23 04:57:00	Too many "what ifs" to answer this IMO.	pcuser42 (130)
1392624	2015-01-23 05:09:00	The man spent 13 years of his life in prison because of the inefficient justice system in this country. God help us if we had the death penalty in New Zealand, a lot of innocent people would have died. We should change to Scots Law where you are found "guilty", "not guilty" or "not proven". The problem with the British system is that you have a default of "not guilty" so if the jury are not sure they say "guilty" which ends up with endless appeals. In Scotland if the verdict is "not proven" the case remains open pending further evidence. French law is even worse where the default is "guilty" until "proved innocent".	mzee (3324)
1392625	2015-01-23 05:19:00	Ahem, he was never found "not guilty". The fact is, you are innocent till you are found to be guilty.	Cicero (40)
1392626	2015-01-23 05:20:00	. French law is even worse where the default is "guilty" until "proved innocent". That is the frogs, what more can we expect?	Cicero (40)
1392627	2015-01-23 07:37:00	The matter is very simple . The Law Lords at our highest court at the time, The Privy Council concluded: “A substantial miscarriage of justice has actually occurred in this case . " The Privy Council then quashed his convictions and ordered a retrial . The retrial found him Not Guilty on each of the five charges . So that’s the end of that, what personal views some may hold are irrelevant . This left the small matter of compensation and the Government appointed a well respected retired Canadian Judge to consider the matter . After a yearlong investigation Justice Binnie concluded, in a 180-page report, that Dunedin's police had made "egregious errors" and that there were "numerous instances" of investigative ineptitude that led directly to the wrongful conviction . In particular, he described the failure of the Crown to preserve evidence in the murder investigation, by burning down the house, as one of the "extraordinary circumstances" that the Cabinet should take into account . Binnie said the evidence established that "the miscarriage of justice was the direct result of a police investigation characterised by carelessness and lack of due diligence" . The report concluded that "on the balance of probabilities" Mr Bain was innocent of the murders in 1994 and should be paid compensation for wrongful conviction and imprisonment . That should have been the end of the matter, but the disgraced Justice Minister, Judith Collins, probably in consultation with Cameron Slater, decided otherwise . :illogical But for me the most disturbing thing about the case, legally, is the Police burning and destroying evidence . In short, the matter has been heard under our court system, a decision reached, and compensation should be paid for the 12 years he spent in jail . It’s really very straight forward . :)	B.M. (505)
1392628	2015-01-23 08:02:00	The Englanders are plain wrong, what would they know anyway. Its no skin off their nose to let a killer free they dont care.	prefect (6291)
1392629	2015-01-23 10:32:00	There are about 1500 accused people found Not Guilty every year. Some are held in prison until trial. Others are imprisoned but released months/years later after a successful appeal. Each of them has been arrested and incarcerated just like David Bain. Should we the public pay compensation to each of these innocent (in legal terms) people?	Winston001 (3612)
1392630	2015-01-23 18:46:00	There are about 1500 accused people found Not Guilty every year . Some are held in prison until trial . Others are imprisoned but released months/years later after a successful appeal . Each of them has been arrested and incarcerated just like David Bain . Should we the public pay compensation to each of these innocent (in legal terms) people? Yes, it might stop help stop the courts being clogged up with cases that shouldn't be brought . How would you feel about spending 12 years of your life imprisoned, based on dodgy police work which has been lambasted by the highest court and Senior Judges?	B.M. (505)
1392631	2015-01-23 21:56:00	Actually Prefect it was Judge Judy not agreeing with her own appointed specialist and subsequently tossing her toys. JK finally did the right thing for once and ditched the b×××h.	gary67 (56)
1392632	2015-01-23 22:29:00	Why hasn't Judith Collins been charged with contempt of court? Why are the police not charged with planting false evidence etc? Why are said police able to retire with their pensions intact? Why is the compensation not paid by the judiciary and the Police instead of the tax payer?	mzee (3324)
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