David Bain: The Legal Journey from Conviction to Acquittal
The case of David Bain stands as one of the most complex and debated legal sagas in New Zealand's history. Spanning over a decade, the proceedings moved from a swift conviction in a local court to the highest judicial body in London, eventually culminating in a full acquittal. This journey highlights the critical roles of new evidence, tireless advocacy, and the rigorous process of legal appeals.
The First Trial (1995)
In May 1995, David Bain faced trial at the Dunedin High Court. The proceedings lasted three weeks and centered on the deaths of five family members. The Crown (the prosecution) alleged that David shot his mother, brother, and two sisters at approximately 5:45 am before leaving for his morning paper run. According to the prosecution, David returned an hour later, typed a message on the family computer stating, "Sorry, you are the only one who deserved to stay," and waited for his father, Robin, to return from a caravan before shooting him in the head and calling emergency services.
Conversely, the defence argued that Robin Bain was the perpetrator. They claimed Robin killed his wife and children, typed the computer message to his son, and then committed suicide. David, they argued, discovered the scene upon returning from his paper route and alerted authorities.
A pivotal moment in the trial occurred when witness Dean Cottle failed to appear. Cottle was expected to testify that Laniet Bain intended to expose an incestuous relationship with her father. Justice Neil Williamson ruled Cottle's written statement unreliable and inadmissible, meaning the jury never heard evidence regarding potential motives involving incest.
Because of this, neither side presented a clear motive. The Crown prosecutor admitted to the jury that the events were "beyond comprehension," and Justice Williamson noted the Crown's view that the events were too bizarre for a logical explanation. Ultimately, the jury convicted David Bain on five counts of murder, sentencing him to life imprisonment with a sixteen-year non-parole period.
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The Influence of Joe Karam
In 1996, former All Black rugby player Joe Karam became involved in the case after reading about university students raising money for David's appeal. Convinced that David was totally innocent, Karam spearheaded a massive campaign to overturn the convictions. His dedication was immense; he visited David in prison over 200 times and authored four books on the case.
Karam's advocacy came at a significant personal cost. Once a millionaire with over 20 investment properties, he lost his fortune, his home, and his relationship. Friends estimate his total loss—including time, earnings, and the cost of forensic and legal experts—to be approximately $4 million.
The Path to Appeal and the Privy Council
The road to a retrial was long and fraught with obstacles. An initial 1995 application to the New Zealand Court of Appeal was rejected, as the court found the Crown's case strong and the defence theory implausible. In 1998, David petitioned the Governor-General for a pardon. By 2000, Justice Minister Phil Goff acknowledged that "a number of errors" may have occurred in the original prosecution.
The turning point arrived in March 2007, when David's legal team presented nine arguments to the Privy Council in London. These arguments focused on seven pieces of evidence and two points regarding Robin Bain's mental state and the possibility that he faced public revelation of serious sex offences against his daughter.
The Privy Council concluded that a "substantial miscarriage of justice" had occurred, stating that David likely would not have been convicted had the post-trial evidence been available to the original jury. They quashed the convictions and ordered a retrial.
On May 15, 2007, Justice Fogarty granted David bail, noting there was no reason for continued detention. David was bailed to Joe Karam's home, having served nearly thirteen years of his sentence.
The Retrial and Final Verdict (2009)
The retrial began at the Christchurch High Court on March 6, 2009. David pleaded not guilty to all five charges. This time, the defence successfully introduced documented evidence regarding Robin Bain's state of mind, arguing that the murders and subsequent suicide were driven by the impending public exposure of an incestuous relationship with Laniet.
After a three-month trial, the jury took less than one day to find David Bain not guilty on all five counts.
Following the acquittal, the Chief Coroner considered holding inquests because the verdict suggested the original death certificates were inaccurate. However, no inquests were held, as the Law Society noted that such findings could not lead to further legal action against David.
Despite his legal victory, David faced significant challenges re-entering society. After a three-month holiday funded by supporters, he struggled to find employment, a difficulty attributed by lawyer Peter Williams QC to the lasting stigma of being an ex-prisoner.
Key Facts
- Original Conviction: Convicted in May 1995 on five counts of murder; sentenced to life with a 16-year non-parole period.
- Time Served: Approximately 13 years before being granted bail in 2007.
- Turning Point: The Privy Council in London quashed the convictions in 2007, citing a substantial miscarriage of justice.
- Final Outcome: Found not guilty on all charges during a 2009 retrial in Christchurch.
- Key Supporter: Joe Karam spent over a decade and an estimated $4 million fighting for David's release.
| Stage | Year | Key Outcome | Primary Reason/Finding |
|---|---|---|---|
| First Trial | 1995 | Convicted | Jury accepted Crown's timeline; motive evidence excluded. |
| Privy Council | 2007 | Convictions Quashed | Fresh evidence indicated a substantial miscarriage of justice. |
| Retrial | 2009 | Acquitted | Evidence of Robin Bain's state of mind and motive presented. |
Frequently Asked Questions
Why was David Bain originally convicted?
He was convicted based on the Crown's case that he murdered his family and staged the scene. Crucially, the jury did not hear evidence regarding a potential motive for the father, as a key witness's testimony was ruled inadmissible.
What role did the Privy Council play in the case?
The Privy Council reviewed nine points of argument and fresh evidence. They determined that the original trial resulted in a substantial miscarriage of justice and ordered a retrial, which led to David's eventual acquittal.
Who was Joe Karam and why was he important?
Joe Karam was a former All Black rugby player who became David's primary advocate. He spent years studying the evidence, visiting David in prison, and funding legal and forensic experts to prove David's innocence.
What was the defence's theory during the retrial?
The defence argued that Robin Bain committed the murders and then committed suicide to avoid the public revelation of an incestuous relationship with his daughter, Laniet.
Were there any further investigations after the 2009 acquittal?
While the Chief Coroner considered holding inquests into the deaths due to potential inaccuracies in the death certificates, no inquests were ultimately held.