David Bain – the final call for justice
Arthur Allan Thomas
And the name David Bain can be added to the above (incomplete) list of wrongful convictions in this country.
After David Bain’s re-trial and five Not Guilty verdicts, the issue of compensation arose. The government correctly sought an impartial adjudicator from outside the country, retired Canadian Supreme Court judge Ian Binnie, to rule on the issue.
The above Herald article suggests that Judge Binnie will be issuing a recommendation that David Bain be offered compensation for wrongful imprisonment.
This blogger agree with that recommendation.
The Bain Case has been controversial since the initial murders, one dark wintry morning in 1994. The evidence against David Bain was circumstantial at best, and in at least one matter, was incorrectly presented to the first trial in 1995.
Based on new evidence, and correct interpretation of old evidence, the retrial in 2009 returned the only verdict possible.
This will no doubt bring a torrent of fury from any armchair “jurists” who express a fanatical – almost religious – view of David Bain’s guilt. Some of these armchair “jurists” have cherry-picked evidence to suit their own views and prejudices. Some have watched too much American crime shows. Some are downright deranged cranks. (A minority are more considered in their views, despite holding views contrary to the Not Guilty verdict.)
No doubt there will always be a small, vociferous minority who believe that they alone ‘Know The Truth’ and contest the Not Guilty verdict. Despite not having sat through the trial nor heard all the evidence and testimony, they obviously know better than the twelve men and women who sat through the entire process.
Luckily for us all, we do not have Jury By Internet.
It would be a dire society to live in if “armchair jurists” were to sit in judgement of any of us.
Forejustice.org: Wrongly Convicted Database Index
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