The prosecution’s case in brief was that David Bain a 22 year old paper delivery boy got up in the early hours of Monday morning 20th June 1994, loaded his .22 calibre rifle and went around the house shooting his family. Firstly his sister Laniet then his mother Margaret then brother Stephen and another sister Arawa. The prosecution said David then washed clothes that he was wearing because he had got blood on them when his wounded brother Stephen fought back.
To attendants and organizers of the Perth Injustice Conference, media and other parties
I am defending the reputation of a deceased person, Robin Bain, who, in the Bain murder retrial of 2009 was not able to defend himself, and yet had various spurious and opportunistic accusations thrown against him with very little evidence to back them up. I can safely say that I speak on behalf of a number of Justice For Robin Bain (JFRB) members in this respect. It appears that dead people have few rights and that people can say whatever they like about us when we are dead. As far as I know I do not need anyone's pe
From Bain and beyond. Page 19
Joe Karam writes: [quote] Robin Bain's death carries all the hallmarks of suicide-- a contact wound to the temple and rifle lying beside the body. This statement is corroborated by two eminent Australian pathologists, and is by the original pathologists post mortem notes which were not disclosed to the defence or the jury.[end quote]
...The original pathologist Dr Dempster conclusion was cited by the trial Judge in summing up:
We know the jury found David Bain not guilty because they thought there was reasonable doubt.A juror wrote a letter to the paper making that very point.But was that the correct verdict,given the evidence that pointed to David Bain as being the killer?
Take those bruises on David Bain's head for example.David Bain had no explanation for them,all he could say is that he didn't have them when he was on his paper round.They were first noticed by Constable van Turnhout at 8.47am.
Four fingerprints from David Bain's left hand were found on the rifle by the Police fingerprint expert Detective Jones.who examined the firearm with a polylight.He said those prints were positive prints,which meant that David Bain's fingers had blood on them when they were placed on the rifle.He said there was no blood on that area of the rifle when those prints were placed on it.
The new testimony that, since the retrial has been sworn and made available to the QC in charge of the compensation application in the Bain case represents new evidence. New evidence in a criminal case is often basis for a retrial, as is what happened in the Bain case. However in the Bain case no such further opportunity remains due to the double jeopardy rule. However, the application for compensation acts as a kind of a retrial within the limited parameters to which it belongs and therefore the new evidence changes
Until the Bain retrial I always supposed that legal aid was made available to those people without the means to be able to defend themselves in a court of law. Legal aid lawyers I understood normally took a less than market rate fee to defend the defenseless. The Bain retrial raised a number of questions regarding legal aid in this country:
In Joe Karams book Bain and beyond on page 12 in a paragraph headed New Evidence, Karam writes: Data from US and Australian experts proves that it is very rare for the fingerprints of the perpetrator of a homicide-murder or suicide – to be found on the firearm used. It is only in about two percent of cases that such fingerprints are found. End quote.
I have just posted on JFRB the latest on Jeremy Bamber. There has been as I mentioned a vigorous,long and concerted campaign to secure his release from prison convicted in 1986 for the murder of his entire family.A feature of the crime according to the police investigation was his attempted to frame his mentally ill sister .The Courts have recently granted him the right to create his own blog.But there are a great many who are skeptical of the campaigners and his claims and have created a faceebook page for this.