Anna Chinn blogs about Bain

An opinion piece in the ODT about David Bain and his effect on newspaper sales in Dunedin.  Short of news?  There must be something about David Bain to publish?  It can be fact or opinion, or a new legal step, forwards or backwards, in the case of Justice Binnie's report.  The whole Bain case has become a farce of mega proportions, where the truth has been lost in the fog of war between the Crown prosecution and the Bain defence.  Meanwhile gossip magazines trade in on David's mild-mannered appearance and seeming guileless and innocent disposition.  Justice should never have got this silly.

Apparently a certain Hans George Hartog has written a book called: The Road to Innocent: Innocentary,, published in 2012, which is about the Bain case.

Comments

The Chinn article

I enjoyed this.  Until we have a system that is an exhaustive search for the truth what Anna writes will be the sad result.  A man acquited at the destruction of another's reputation.  The acquitted man the victor on the day in a legal contest.  Likewise the McDonald trial left the victim unsatisfied and crying out as she fled the Court "you killed my husband".  And the armchair experts that day saying on radio that it was the only possible outcome given that it was a case of "circumstantial evidence".  According to Cross on Evidence most convictions turn on such evidence, the most reliable of all.  And why is "reasonable doubt" suggested by a particular spin on the circumstances acceptable to those who decry a conviction established by an alternative interpretation of circumstances?

Anna Chinn says ;All the best

Anna Chinn says ;All the best evidence was destroyed prematurely.  so it looks as though she don't know much about the case a very trashy article makes the truth look very good.

(No subject)


Bill - Anna Chinn is a

Bill - Anna Chinn is a general feature writer for the ODT. She generally writes well but I agree she is not well informed on the Bain case.

We are poorly served in NZ by quality journalism on matters of law.  So much so that the opinions of Holmes, Jones and Hide are given undeserved prominence.  The best by a country mile is Martin van Beynen of the Christchurch Press. It is a pity he writes so little on the case.

I would love to see a North & South article by Mike White or Rosemary Macloed. I guess the main publications are running scared of Karam and his litigious ways.  I heard a rumor some time ago that Rosemary MacLoed and Milton Weir had coauthored a book on the case but the publishers are apprehensive.  Wouldn't that be a revelation.

Some times it pays to take

Some times it pays to take the risk of publish and be Damned.

Keith Hunter had an agreement with Penguin to publish Trial by Trickery, but when they edited it and had it lawyered half the book was gone but Keith was adamant. It goes out as is or not at all, Penguin pulled out, Keith decided to self publish and took the book to a defamaion lawyer to be checked and the lawyer said He would get it publishable for $15,000. Keith said he didn't have that amount for a lawyer so published it himself. He has never even had a lawyers letter.  His defence to a claim which can't be made now anyway was simply truth not opinion or qualified privilege or other technical defense just simple truth. He wrote to every person he names as having acted illegally and told they what he has in his book along with a sealed copy of the book. and also he told then his letter would be published on his webb site after 21 days. only one letter was not published as he forgot the tell the recipient. He named High Court Judges, Court of Appeal Judges, the Chief Justice of the Supreme Court, Pope, Davison, Fitzgerald, Rafferty, Crutchley among less lights and some he wrote to their employers with information of the corruption and perjury committed by the people. The Ministry of Justice tried to silence him but failed then Jeff Orr a very corrupt chief legal officer tried alsorts of tricks to disrail the GG petition but as going on his past record seems he was deemed fit to be appointed a High Court Judge. 

Keith did get a legal threat from ex DI Hutton over his book on the Crewe murders but he published with out change and told Hutton "bring it on" He backed down. Keith Hunter really has put everything on the line to publish such as mortgaging his house to cover costs but did not even try to get defamation cover. There is an account for donations to assist in Scotts fight but Chris Watson will not allow publicity of it. He and his family are not interested in compensation neither is Scott so anyone looking to make a buck disappears real quick. Scott has had no legal aid since 2000 even for his petition yet another has had millions, that in itself is a miscarriage of justice I believe.  

One person has held New Zealand to Ransom. It needs some one with real guts to stare the ransomer down and I hope it will happen. 

Dectective Hutton

Linz are you sure Hutton is still alive?  I could of sworn I heard of his death years ago.

Hutton is still alive.   But

Hutton is still alive.   But len Johnston his sidekick is dead, both were involved in the case planting, Hunter's addition as to say Hutton planted the Axle as well, knowing it was from Thomas's farm. Hutton gave evidence of reaching under the body and finding the axle hanging from it but none of the police divers who were attempting to get the body in a cradle saw the axle hanging from the body. They could see the body was 'anchored' to something much deeper.

As an aside Harvey weighted 16 stone  [approx 100Kg] a 35lb [13 kg appox] axle would not have even been to enough to sink the body even in fresh water.

On page 274 of his book "The Missing Bloodstain"  Hunter Writes;

The requirement laid down by Commissioner of Police Walton in 1981 for the re-opening of the case was 'new evidene'. That requirement is now completely satisfied. There is no longer justification not to test the case against Hutton in a court of law. Nor is there justification not to reopen New Zealand's most celebrated unsolved murder case. The new evidence demands both.

The new evidence is an affidavit by Noel C. Ottaway of Pokeno which indicated that a key witness was under the control the control of the late Detective Len Johnston and was instrucked by Johnson as to the evidence he should give in court. that affidavit is significant new evidence.

Hunter writes the argument and observation made in his book relating to the axle and detailed in his book are significant new evidence. So are the observations relating to the case for murder that could have been put against Len Demler.

He must be in his 80s then

He must be in his 80s then.  I was not even 20 when the Crewe murders occurred and I am now 60.  Hutton was a senior Auckland policeman at a guess around 45 years of age,   I'm sorry linz but i'm not as enthusiastic about hutton's theores on the Crewe murders as you.  I can't believe it would have been possible to plant the axle.  I know Jim Sprot who championed AAT is not convinced as he said on the Graham Hill radio show when Hutton's book was introduced.  I don't think because you write a good book about one murder nystery, this means whatever you write thereafter is necessarily good.  David yallop was acclaimed for "Beyond Reasonable Doubt" but "In God's Name" was a lead balloon. Not the real crime genre of course but Alan Duff found sequels difficult.

Yes he would be getting on. 

Yes he would be getting on.  I am not an enthusiest about Hutton.  But I am willing to read Hunters Books as they are well researched and he is willing to put his, well,  reputation on the line both as a documentary producer his real day job and one he is very good at and very much part time author. As an author Trial by Trickery was his first book and Missing Bloodstain his second. He and Chris Birt collaberated  around 2000 on a television documentary on the Crewe murders but the funding for it was pulled by NZ on Air as filming was starting.  Hunters Books are fairly dry reading with often lage passage of statements or transcripts to impart detail. The Axle part is purely Hunters idea based on photos of the axle and police jobsheets, he himself says it is his belief and admits it may be wrong but his take is Court is the place to test it not in a writing duel between authors.

Hunter was working on the Crewe murders thing when he was approached by Mike Kalaugher for assistance when Mike was writing The Marlborough Mystery and it was that that lead him to Scott Watson as it was confusing how things kept changing. There was never originally any intention to write a book He expected a reaction from some he named as having acted outside the law to get a bit twitchy but only the police reacted by getting one witness to make a complaint about Hunter saying his Trial evidence was totally different to his first and second statments to police where he described the ketch in some detail then in court denied ever seeing it. The early statements were not disclosed, it was Chris Watson who picked up on the cartons and some 20 CDs of missing police statements which initially the police denied existed but an ombudsman Audit ordered them turned over.  When you are reading a Jobsheet that refers to another the you would be expecting to find it Chris Watson turned up hundreds of references to documents the Defence did not have. Being a methodical kind of bloke and an engineer he felt when something said "see  page nnn" then you would find page nnn, just like on plans and specs when he didn't find them he went looking He really does "know the evidence"  as he has it all. I am confused still how the Crown when they recieved the case documents from police were as they claimed totally unaware there were literally hundreds of disclosure numbers missing. Do they not check when a numbered Document finishes in the middle of a sentence and the next page or pages is missing??  like doc nnn  pages x-xx  and theres only x-x there?

Not many are aware of his collabration with Birt though Hunter does say much of the work is from Birt or their work together. Hunter is not an author and does not claim to be but has some 45+ years experience as a researcher 

No Not bedtime reading unless you're an insomniac.

Sorry about the long explanation but Hunter and Birt were working on the Crewes when Watson appeared  Hunter when back to the Crewes as he waited, and still waits, for the MoJ to try and get something of use out of the McDonald QC report they even asked Greg King to try and help them out.  Another $134,000 up the chimney for 34 hours work.

 

Well the answer as to whether

Well the answer as to whether Hutton was still alive has been answered. He was a man "of the highest possible integrity".  If a man, a honest and upright pillar of society, who was found to have planted evidence by a retired Senior Judge of the New South Wales Supreme {who still had all his marbles] I can understand Mr Thomas' anger at being labelled a murderer again by police turning out in uniform, forming a guard of honour and in such numbers and having a eulogy given by an assistant commissioner the slap in the face could not have been more obvious and deliberate knowing the so called review is due out soon which will no doubt say there were some very minor errors but the inquiry was well lead and almost flawless except that the guilty one got away because a scientist and an interfering reporter concocted a story that leads stamped with 8 were never put in cartridge cases with the c in ici was  uppercase C and they found the only one that did have have an 8 in an iCi cartridge what would those ignoramous' know anyway.