Eyewitness Testimony of Plan to Commit an Act while on Paper Run

This item was omitted from the trial, not because of the alibi plan, but because it involved a different kind of crime and a defendant's previous criminal activity (even if just fantasy) can be suppressed.  The trial judge ruled that it had relevance but the Defence fought very hard to get it omitted on appeal.

Mark Buckley, a friend of David reports an incident 4 years prior to the murder of the Bain family in which David related a fantasy he had of committing an assault on a female joggers while on his paper run.  This plan included written notes.  The very same alibi was used in the Bain family murder trial whereby David used his paper run as an alibi.  This plan involved starting half an hour earlier, doing part of his paper run, then doing the crime, before doing the rest of his paper run while making himself conspicuous to as many people as possible.

This evidence is supported by another witness, Gareth Taylor, who was privy to a similar conversation but cut it short before too much detail was revealed.

Both of these testimonies can be seen on video HERE and NZ Herald HERE

Reasons why this and other evidence was omitted can be viewed in pre-trial transcripts

Law professor surprised this evidence was suppressed.

An Otago law professor Kevin Dawkins is surprised direct evidence alleging David Bain had plans to use his paper round as an alibi for committing a crime was not allowed to go before the jury when evidence verging on hearsay and detrimental to Robin and Laniet Bain was.

"It raises a question about how the defense led a wide range of evidence about four people who could not answer for themselves, yet a direct witness made a statement that was excluded," criminal law professor Kevin Dawkins said.

A little about Mark Buckley and Gareth Taylor, old school freinds of David Bain.

David Bains old school friend Mark Buckley who wanted to tell the court about the alibi plan, at the time of the trial heads the corrective exercise program in a successful hospital based musculoskeletal rehabilitation program in Wellington, New Zealand. He is also a member of the PPC Medical Advisory Board in Tokyo, Japan, co owner of the Olympic Gym in Dunedin, New Zealand and conditioning consultant to some of New Zealand’s leading Rugby players. Mark is a senior member of the C.H.E.K faculty for the C.H.E.K Institute in California.

David’s other school friend Gareth Taylor who also came forward is now a school principal. Why would these two successful and obviously intelligent men put themselves in the limelight and expose themselves to unnecessary media attention maybe even risk their careers to tell a story that was not true.

 

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A little about these 2 old friends of Davids

David Bains old school friend Mark Buckley who wanted to tell the court about the alibi plan, at the time of the trial heads the corrective exercise program in a successful hospital based musculoskeletal rehabilitation program in Wellington, New Zealand. He is also a member of the PPC Medical Advisory Board in Tokyo, Japan, co owner of the Olympic Gym in Dunedin, New Zealand and conditioning consultant to some of New Zealand’s leading Rugby players. Mark is a senior member of the C.H.E.K faculty for the C.H.E.K Institute in California.

 

David’s other school friend Gareth Taylor who also came forward is now a school principal. Why would these two successful and obviously intelligent men put themselves in the limelight and expose themselves to unnecessary media attention maybe even risk their careers to tell a story that was not true.

Over the last few months I

Over the last few months I have mentioned these two upstanding members of the community a lot.

Both had nothing to gain by coming forward.

Surprised,also.

There were quite a few media commentators who were surprised that Buckley's  and Taylor's evidence was suppressed.