Archive

Posts Tagged ‘Robin Bain’

Audrey Young, Two Bains, old cars, and… cocoa?!?!

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Audrey Young on the GCSB…

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It seems that the Herald’s Audrey Young is the only journalist in the entire country who has not bought into the Official Party Line that the GCSB Act 2003 is “vague” or “flawed”.

The GCSB Act 2003 expressly forbids it from spying on the communications of New Zealanders.

But, by a series of snakes and ladders through the stated functions and objectives of the act, it convinced itself it was allowed to help the SIS and police spy on New Zealanders.

Acknowledgement: NZ Herald – Spying on NZ: More power to watch us

She’s 100% correct of course.

The law is about as explicit as it can get, without adding crayoned drawings for the terminally dense,

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Government Communications Security Bureau Act 2003 - section 3-14

Acknowledgement:  Parliamentary Counsel Office: Government Communications Security Bureau Act 2003

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Specifically,

Section 14 states,

Restrictions imposed on interceptions

14 Interceptions not to target domestic communications
  • Neither the Director, nor an employee of the Bureau, nor a person acting on behalf of the Bureau may authorise or take any action for the purpose of intercepting the communications of a person (not being a foreign organisation or a foreign person) who is a New Zealand citizen or a permanent resident.

Which makes other journos look lazy or incompetant or both, when they repeat  government rhetoric about “vagueness” or “not fit for purpose” without checking the facts for themselves.

If  Audrey Young can present the facts, then so can every other journalist worth his/her salt.

Lift your game, people.

See previous related blogpost:  The GCSB law – Oh FFS!!!

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A Tale of Two Bains…

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The latest on the David Bain saga, and the Third Degree report on TV3 which presented damning evidence which showed Robin Bain as the most likely killer of the Bain family,

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Complaint laid against TV3 over 'biased' Bain report

Acknowledgement: NZ Herald – Complaint laid against TV3 over ‘biased’ Bain report

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Funnily enough, I cannot recall this group of obsessive-compulsives laying a similar complaint with TVNZ when Bryan Bruce (who I have much respect for, for his work on child poverty) hosted an episode on the Bain family, where he made it clear that he did not believe Robin Bain committed murder/suicide (see: The Investigator Special: The Case Against Robin Bain).

But I guess for these folk, that’s not bias, eh?

Over the years there have been many programmes presenting both sides of the case.

For one side to lay a complaint of “bias” is therefore just a little cheeky. More to the point, it illustrates a kind of growing “cult” mentality for some in the  Pro-Robin/David Did It camp.

They remind me of Creationists and Climate Change Deniers.

Not healthy.

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Old cars…

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Something that caught my eye last week was this item in the Dominion Post,

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Ageing-car-fleet-seen-as-added-danger-on-roads

Acknowledgement: Dominion Post – Ageing car fleet seen as added danger on roads

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It occurs to me that much like trucking figures are being used as indicators of  macro economic growth, our nationwide  car fleet can be an indicator of the economic well-being (or otherwise) of ordinary New Zealanders at street level.

In April, John Key boasted of “strong economic growth” in 2012,

We’re seeing some great results. We achieved 3% economic growth in New Zealand last year, which is higher than most developed countries, and business confidence is increasing. Over the weekend, I met Christine Lagarde from the International Monetary Fund while in China, who said she believes our economic plan is “very stable and it’s also very promising“.”

Acknowledgement: Scoop Media –  John Key: Growing our economy

Yet, if our car fleet is getting old, and fewer are being scrapped, then that indicates that the gains are not trickling down to workers.

According to Statistics NZ,

Annual growth in the labour cost index (LCI) salary and wage rates eased for the third consecutive quarter, Statistics New Zealand said today.

  • In the year to the March 2013 quarter, salary and wage rates (including overtime) increased 1.7%. This includes a 0.4% rise in the March 2013 quarter.

  • Private sector salary and ordinary time wage rates increased 1.8% in the year to the March 2013 quarter.

  • Public sector salary and ordinary time wage rates rose 1.5% in the same period. This rise in the public sector came from increases in central government (up 1.5%) and local government (up 2.1%).

  • In the March 2013 quarter, 13% of all surveyed salary and ordinary time wage rates increased.

  • Of the 13%, the median increase was 2.4%, the lowest in 12 years.

  • 56% of the surveyed sample increased in the year to the March 2013 quarter.

  • Of the 56%, the median increase was 2.9%, the lowest in 21 months.

Acknowledgement: Stats NZ – Labour Cost Index (Salary and Wage Rates): March 2013 quarter

Note the statistic buried amongst the fifures above: “In the March 2013 quarter, 13% of all surveyed salary and ordinary time wage rates increased“.

The corollary to that is that 87% had no increases to their  salary and ordinary time wages.

Little wonder that our car fleet is aging. People cannot afford to buy new (or even newer second hand) vehicles.

Wherever the wealth is going, it’s not trickling down to the 87%.

So much for Key’s pledges in 2008, 2009, 2010, 2011, and 2012, to boost New Zealander’s wages. Add that one to his list of lies; broken promises, and dashed expectations.

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And we told them the wealth would trickle down

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The Price of Cocoa…

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Three cans of cocoa tell an interesting story.

Can A is the oldest, with an expiry date of April 2011. The can measures 110mm (H) x 75mm (D). It contained 200g net dry cocoa powder.

We purchased Can B sometime  in 2011 (?). The expiry date was March 2012, so it’s the second oldest can.

Interestingly, it also contained 200g net dry cocoa powder. However,   whilst the contents remained the same as Can A – the dimensions of the can inexplicably increased; 130mm (H) x 75mm (D). Same diameter as Can A – but 20mm taller. Contents remain the same net weight.

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KONICA MINOLTA DIGITAL CAMERA

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A month ago we purchased Can C (expiry date, March 2015). The dimensions of this can is the same as Can B: 130mm (H) x 75mm (D). But this time, the contents decreased from 200 to 190g net dry cocoa powder. Ten grams less.

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KONICA MINOLTA DIGITAL CAMERA

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So the up-shot? The can-sizes have gotten bigger – whilst the contents has reduced by 5%.

On 9 June, I emailed Nestle to find out what was going on,

Kia ora,

It has recently come to my attention that two cans of Nestle Baking Cocoa measure 110mm X 75mm, whilst the other measures 130mm x 75mm.

Both contain 200g net  cocoa powder.

The smaller can measuring 110 x 75 has a “best before” date April 2011.

The larger can, 130×75 has a “best before” date March 2012.

It appears that you have increased the SIZE of the can, whilst the contents remain the same.

Is there a reason why the size of the cans  was increased, by 20mm in height?

And can you confirm that the price stayed the same; increased; or reduced; when the change was made from a 110mm height to 130mm height?

(The email was sent prior to purchasing Can C.)

Perhaps not surprisingly, I received no reply from Nestle.

Unfortunately, I never retained the receipts for Cans A and B, otherwise I could compare prices. But what’s the bet that the retail price probably increased?

So next time Dear Leader stands before the Press Gallery and claims credit for his government policies resulting in  low inflation or a drop in food prices – just remember; there are lies; damned lies, Prime Ministerial utterings, and statistics.

Mix all four together and you get a “drop in inflation and food costs less”.

And thus it came to pass…

“As short a time ago as February, the Ministry of Plenty had issued a promise (a “categorical pledge” were the official words) that there would be no reduction of the chocolate ration during 1984. Actually, as Winston was aware, the chocolate ration was to be reduced from thirty grams to twenty at the end of the present week. All that was needed was to substitute for the original promise a warning that it would probably be necessary to reduce the ration at some time in April.” – George Orwell,  ‘1984’

Doubleplusgood!

This blogpost was first published on The Daily Blog on 4 July 2013.

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Duelling Bainjoes…

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old-paper-with-quill-pen-vector_34-14879

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Letters to the Editor, in the Dominion Post

Firstly  from Mr Girardin, published on 2 July;

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Despite the police’s best efforts at messing up the original investigation into the Bain murders, new evidence comes to light showing that it’s likely that Robin Bain loaded the rifle’s magazine. True to form, after some thought, police say the marks on his thumb could be anything – for example, cuts from working on his roof. They left out that he could have made them while shaving. If they’d done the most basic procedures – that is, bagging Robin Bain’s hands – there would have been no trial and no debate now.

Instead, they were too busy finding Margaret Bain’s glasses and saying they were David’s. The Keystone cops were investigative geniuses compared to this crew.

After the convictions of Arthur Allan Thomas, David Dougherty, Peter Ellis, Scott Watson, David Tamihere and others, plus the Urewera and Dotcom debacles, who could possibly believe a word these self-serving incompetents now say? A shake-up at police headquarters, or a decapitation, is long overdue.

LOU GIRARDIN

Stoke, Nelson

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Which prompted this reponse from a David Did It respondant,

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Is Lou Girardin (Letters, July 2) a former detective, private investigator, or just a CSI-type programme devotee? He criticises police investigations into the Bain murders and their responses to fanciful media revelations.

Police entered a shambolic hovel in Every St, Dunedin, in 1994 to find five Bain family members shot dead. Many, including Ms/Mr Girardin, I suspect, assumed that Robin Bain was the deranged killer.

He was so deranged that he typed, rather than scribbled, a note to his surviving son, leaving none of his fingerprints or blood on the keyboard. He then contorted himself to shoot himself through the temple, with the silencer still on the rifle. Why risk a non-fatal wound?

It wouldn’t have mattered to him (and any of the corpses) if that last shot were heard; a barrel in the mouth would have been more certain.

Then, after shooting himself, he either removed his rubber gloves or wiped his incriminating fingerprints from the murder- suicide weapon – deranged but clinically efficient?

In my view, it’s an open-and- shut case. Your letter-writer deserves a Tui.

PHILIP LYNCH

Elderslea

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That was a tad too denigratory, I thought, and dripping with sarcasm and derision hardly seems a fitting way to conduct a debate when what we need are facts.

So not one to be left out, I offered my own 10 cents plus 15% GST worth,

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No, Mr Lynch, Lou Giradin is not a “CSI-type programme devotee” (Letters, 4 July). Criticisms  that the police investigation in to the Bain murders was bungled is generally well known and accepted.

The most criticised aspect of the investigation is that neither David nor Robin Bain’s hands were tested for gunpowder residue; Robin Bain’s hands were not covered in plastic to protect valuable evidence; and scrappings were not taken from beneath Robin Bain’s finger nails.

However, the marks on Robin Bain’s thumb and finger are a clear indication of gunpowder residue left by re-loading the magazine clip. The measurements match.

As for Mr Lynch complaining about a lack of finger-prints on the murder/suicide weapon, in fact there were many prints, but most were smudged beyond identification.

I refer Mr Lynch to an article on fingerprinting guns, ” Factors Affecting the Recovery of Latent Prints on Firearms”, which states, “…successful development of latent prints on firearms is difficult to achieve. In reality, very few identifiable latent prints are found on firearms.”

The article refers to people who, watching too many TV crime shows, expect pristine prints to be easily recovered from weapons. Unfortunately, this is far from the case.

A Tui to Mr Lynch.
FRANK MACSKASY

(address & phone number supplied)

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The issue of fingerprints is a vexing one.

Because most people’s knowledge of finger-prints in criminal investigations comes from television crime dramas, we have a distorted view of  how easily (or otherwise) they can be retrieved.

This piece offers a clear insight as to the real difficulties involved in retrieving identifiable prints from a firearm,

Latent fingerprint examiners generally know that even when cutting edge technology such as cyanoacrylate fuming and laser/forensic light source examination are utilized, successful development of latent prints on firearms is difficult to achieve. In reality, very few identifiable latent prints are found on firearms, a fact that has been discussed in both the literature [1,2,3] and the judicial system [4]. Fingerprint Specialists at the Bureau of Alcohol, Tobacco and Firearms San Francisco Laboratory Center have had, however, some success in this endeavor1.

In the examination of 1,000 firearms from February, 1992, through August, 1995, 114 identifiable latent prints were developed on 93 firearms. Although successful recovery occurred in approximately one of ten firearms, it should be understood that not all identifiable latent prints may have been left by an offender. Some developed latent prints, for example, are subsequently identified as belonging to a person involved in the collection of the evidence2.

Jurors have been inundated with fingerprint information from television, movies and newspapers and feel that latent print evidence is a reliable means of establishing positive personal identity [5]. However, jurors are generally under the impression that every item that is touched by fingers or palms will be left with an identifiable latent print impression [6]. If an offender is arrested for possession of a firearms, jurors therefore expect his/her prints to be on it. In fact, most of the time, fingerprint specialists find no identifiable latent prints on firearms. Accordingly, attorneys often call on the fingerprint specialist to explain to the jury the many reasons for the absence of identifiable latent prints. The following reasons make latent print recovery from firearms difficult and when they are recovered, the time of deposition can seldom be determined. The purpose of this paper is to provide information to both technical and non–technical users of fingerprint identification services about what factors affect the recovery of latent prints on firearms.

Source: Factors Affecting the Recovery of Latent Prints on Firearms

(This article appeared as a Technical Report in the Mar/Apr 1997 issue of the Journal of Forensic Identification.)

http://www.scafo.org/library/130303.html

– See more at: http://thedailyblog.co.nz/2013/06/27/a-state-that-cannot-sin/#sthash.HGkSpO3H.dpuf

    Latent fingerprint examiners generally know that even when cutting edge technology such as cyanoacrylate fuming and laser/forensic light source examination are utilized, successful development of latent prints on firearms is difficult to achieve. In reality, very few identifiable latent prints are found on firearms, a fact that has been discussed in both the literature [1,2,3] and the judicial system [4]. Fingerprint Specialists at the Bureau of Alcohol, Tobacco and Firearms San Francisco Laboratory Center have had, however, some success in this endeavor1.

    In the examination of 1,000 firearms from February, 1992, through August, 1995, 114 identifiable latent prints were developed on 93 firearms. Although successful recovery occurred in approximately one of ten firearms, it should be understood that not all identifiable latent prints may have been left by an offender. Some developed latent prints, for example, are subsequently identified as belonging to a person involved in the collection of the evidence2.

    Jurors have been inundated with fingerprint information from television, movies and newspapers and feel that latent print evidence is a reliable means of establishing positive personal identity [5]. However, jurors are generally under the impression that every item that is touched by fingers or palms will be left with an identifiable latent print impression [6]. If an offender is arrested for possession of a firearms, jurors therefore expect his/her prints to be on it.

    In fact, most of the time, fingerprint specialists find no identifiable latent prints on firearms. Accordingly, attorneys often call on the fingerprint specialist to explain to the jury the many reasons for the absence of identifiable latent prints. The following reasons make latent print recovery from firearms difficult and when they are recovered, the time of deposition can seldom be determined. The purpose of this paper is to provide information to both technical and non–technical users of fingerprint identification services about what factors affect the recovery of latent prints on firearms.

Source: Factors Affecting the Recovery of Latent Prints on Firearms

(This article appeared as a Technical Report in the Mar/Apr 1997 issue of the Journal of Forensic Identification.)

Ironically, when Mr Lynch derided Lou Girardin as a “CSI-type programme devotee“, it is actually those who demand perfect fingerprints on a murder/suicide weapon, who are more clearly influenced by such fantastical TV dramas.

In this matter,  life is not a TV programme.

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Nigella Lawson, GCSB, Christchurch re-build, and Malcolm Burgess on Campbell Live

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Nigella Lawson

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Is that the applause of millions of women (and men!) I can hear as Nigella Lawson re-takes control of her life?

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Nigella Lawson moves out, blender and all

Acknowledgement: Fairfax Media – Nigella Lawson moves out, blender and all

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If there’s any possible good that came out of this ghastly incident, it is that women (and a few men, perhaps) around the world have witnessed the stark reality that spousal abuse is not confined to just their lives. Even the rich and famous can be affected by this kind of violence.

On 18 March 2013, Judge Peter Boshier (Law Commissioner);  Jennifer Wademan (Barrister), and  Thomas Dewar Sziranyi Letts (Solicitor) presented a report entitled Domestic Violence and the Impact on Children’s Lives at the 6th World Congress on Family Law and Children’s Rights in Sydney, Australia.

The contents of their speech was disturbing, as well as instructive;

For a country with just over 4 million people, New Zealand has a staggering 80,000 domestic violence cases a year. This level of abuse has resulted in over 200 women and children being killed as a result of domestic violence in 12 years and countless numbers of adults and children carryingthe physical and psychological effects of that violence with them through their lives. The cost inhuman and economic terms is horrific.

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New Zealand has a history of high levels of domestic violence, in part, we believe, because we are open about the problems that face us. While international research estimates that up to 80% ofdomestic violence goes unreported, and certainly that has been our experience in practice, in 2012 New Zealand Police recorded almost 47,000 incidents of domestic disputes, and initiated almost 100,000 Family Violence investigations. Of these investigations, children were present in almost 60% of cases.  If we assume the average household has 2 children, then at least 65,000 children were affected by domestic violence, in one year, in a country as small as New Zealand. Tragically, a third of all deaths from domestic violence involve children.

Source: Ministry of Justice – Domestic Violence and the Impact on Children’s Lives

I have little doubt that Ms Lawson’s experience at the hands of her husband three weeks ago was a nasty, violent, and humiliating experience. I also strongly suspect that what went on behind the walls, closed doors, and curtained windows of their family home was most likely  no less violent.

If Charles Saatchi could almost throttle his wife, in public, in a fit of rage – god only knows what he got up to out of sight.

There may well be women in our own country, also  the victims of spousal abuse, who have seen Ms Lawson make the decisive move to leave her violent husband and seek refuge elsewhere. Abused women and their children may see Ms Lawson as having escaped – and this may encourage them to do likewise.

How many will be thinking,

If she can do it, then so can I!

Whether Nigella Lawson may appreciate it or not, she may well have saved the lives of women and children here in New Zealand and around the world.

The next time I see her on TV, I’ll see Ms Lawson in an entirely new light; a woman with inner strength and a survivor.

Let’s hope others do as well.

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I have a date…

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… with a Parliamentary Select Committee in a week’s time.

Yep, I sent in a submission to the Intelligence and Security Committee regarding the Government Communications Security Bureau and Related Legislation Amendment Bill. This is the Bill which will legitamise the Bureau’s spying on 4.4 million New Zealanders.

As the Clerk of the Committee, Lesley Ferguson wrote in an email to me,

Thank you for your submission on the Government Communications Security Bureau and Related Legislation Amendment Bill. A copy of your submission has been distributed to members of the Intelligence and Security Committee which is considering this bill.

 The Intelligence and Security Committee is to hear submissions orally. In accordance with your request to meet with the committee to give further evidence, a date and time of  Friday, 5 July 2013 from 10.20am to 10.40am has been allocated for you to appear before the committee to present your oral evidence.

 The committee will have read your written submission. It will therefore not be necessary to read your written submission to them. Instead, the committee will be expecting you to elaborate further on your written evidence.

 The venue for the hearing is Select Committee Meeting Room 2, Bowen House, Parliament Buildings, Wellington. Please ensure you are at the venue at least 15 minutes before your allotted time.

 Please provide me with the name(s) and designation(s) of those who will be presenting to the committee.

 Your submission is released publicly upon you giving oral evidence to the committee.  The committee intends that hearings will be conducted in public. You may however apply for any or all of your evidence to be heard in private or secret. The committee would require reasons before agreeing to such a request. Please contact me if you wish to make such an application.

 While the evidence you provide to the committee is covered by parliamentary privilege, please note that a Court ruling held that a person may be liable in defamation if that person makes a defamatory statement in a situation that is protected by parliamentary privilege (such as an oral presentation to a select committee) and later affirms that statement (without actually repeating it) on an occasion that is not protected by parliamentary privilege.

 

 Now all I have to do is figure out what the heck I want to say…

I have a couple of ideas.

Anyone else?

By the way – I wonder what the SIS and GCSB thought of my submission?

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The Christchurch re-build…

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… seems to have engendered a detente between the Mayor and Christchurch City Council on one side, and Gerry Brownlee and Central Government on the other. It’s probably a somewhat shakey detente – one liable to crack, splinter, and fall apart at even a low  political seismic event.

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Govt announces Christchurch rebuild funding

Acknowledgement:  NZ Herald – Govt announces Christchurch rebuild funding

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It was only a month ago that Key was pressuring Christchurch City Council to sell it’s strategic assets to finance part of the rebuild,

It is for the council to say ‘do you want the nice-to-haves.  Then they’ll ask how are you going to pay? That could be through rates or asset sales.

Key referred to  “partially floating assets, so the council remained in control but still raised money”, was “ incredibly logical .

Acknowledgement: Fairfax Media – Asset sales could help pay for rebuild – Key

Mayor Bob Parker and the Christchurch City Council rightly rejected the idea. After all, why should Christchurch be asset-stripped simply because of events beyond it’s control?

At least National’s decision to partially privatise state assets was as a result of it’s own folly by giving away billions in tax cuts that the country could ill afford. Future generations will be the ones to pay for National’s short-sighted decisions.

If Christchurch needs extra cash to assist in it’s rebuild then I have a suggestion: bonds.

Like the War Bonds during World War 2,

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War Bonds

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But instead of Bonds for Destruction – these would be Bonds for Construction! Not Bonds to Bomb – but Bonds To Build!

If every New Zealander, on average, bought $100 worth of  Bonds To Build that would assist Christchurch to the tune of around $440 million.

The government could assist by diverting  student debt repayments from New Zealanders abroad, into Bonds To Build.

It might even help if National post-poned further partial SOE sales and instead encouraged “mums  and dads” investors to buy Bonds instead.

Imagine stirring up our latent patriotism as Kiwis; getting kids involved to save their “pennies” and with every dollar, they bought a Bond To Build! I’m imagining Campbell Live jumping onboard and going school to school to film children buying Bonds.

Perhaps it sounds ‘goofy’ – but if bonds were useful during wartime, then just maybe we could resurrect this old idea and put it to good use again.

I know our household would be “in”!

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Malcolm Burgess on Campbell Live

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On Wdednesday night, 26 June, TV3’s Third Degree presented evidence which was the clearest indication to date  that Robin Bain did indeed commit familiy annihilation, killing his wife and children, and then turning the rifle on himself.

The evidence was in the form of marks on Robin’s thumb and finger which have been recognised by forearms experts as gunpowder residue – caused when a rifle clip is reloaded, and thethumb or finger scraps against the top of the ammo-clip.

Pictures of Robin Bain’s hand, and the gunpowder residue marks are visible – when you know what to look for,

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Bain case - Two dark lines on thumb point to father as killer -  image

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robin_bain_hand_with_magazine_marks_circled__david_bain_case__2_3_4_N2

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The twin lines are the same width as the top of the ammo clip, resting to the left of  Robin Bain’s hand. Third Degree conducted tests with the rifle and found that similar marks were left on the thumbs/fingers when others re-loaded the rifle; twin streaks. Gunpowder residue.

The following evening (27 June), John Campbell interviewed Asst Police Commissioner Malcolm Burgess,

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Campbell Live - David Bain - asst police commissioner malcolm burgess - new evidence - gunpowder residue

Acknowledgement: TV3 – Campbell Live – ‘It isn’t a powder smudge’ – Asst Police Commissioner

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Burgess’s responses to John Campbell’s questions were enlightening…

At 5:00, Burgess suggests that the marks are not gunpowder residue but cuts,

“ …one of the other alternatives that hasn’t been properly considered is that this is in fact a nick on Robin Bain’s thumb…”

John Campbell then pointed out that Police Pathologist, Dr Alex Dempster photographed and recorded every cut and abrasion on Robin Bain’s hands, and said, “he appears not to have photographed the cuts”.

Burgess couldn’t answer Campbell’s question, except postulating that “beyond perhaps observing that he would’ve clearly been  interested in fresh injuries   this indeed, if it is a nick or a cut,  does not appear to be a fresh injury”.

Campbell then pointed out that the distance between the two marks on Robin Bain’s thumb was “absolutely consistent with the distance – absolutely consistent with the distance in  the magazine [clip] – and  absolutely consistent with the kind of smudging that we see from the residue of  people who have  been loading magazines after discharging”.

Burgess steadfastly rejected the new evidence and said,

I’m not convinced that what we’re seeing is indeed what  was portrayed last night”.

Campbell then asked Burgess if the NZ Police would conduct similar tests to that carried out by the Third Degree team on 26 June. It was a fair question.

However Burgess’s response was luke-warm, at best,

Well, I guess we’re always open to look at exploring,  or I guess eliminating doubt, John, but that works from the principle that indeed what we’re seeing there is a powder smudge. I guess what we’re saying and what we’re suggesting by virtue of the fingerprint evidence is that perhaps that’s not indeed the case.  That’s it’s a cut, or a nick to the thumb, or some other mark there rather than a powder smudge.  So I think you’ve got to be a little careful which, what the basis of your hypothesis is before you start reaching [for] firm conclusions. We’re very happy, and indeed had we known this story was going to air in the form that it was , we would have been very happy to discuss the fingerprint evidence with Mr Bain’s team and see whether that enabled them to reach a [garbled] sustainable conclusion

When Campbell asked if the Police was not going to “stage any kind of test” to see if it was possible that the marks were gunpowder residue, Burgess replied,

Well I think the key for us is to try and  determine whether in fact  it’s an injury, whether in fact  the fingerprint evidence  can help us make that call – ”

Campbell, “How will you go about  determining that?

“ – and that therefore  in fact eliminates or tends to eliminate the possibility that it’s [gun]powder [residue].”

Burgess added near the end of the interview,

We’re interested in trying to establish the truth

No, he’s not.

He’s not trything to establish the truth whatsoever. His purpose is  solely to protect his backside and that of the NZ Police as a whole.

Every response from Burgess referred to “fingerprint evidence”. In Burgess’s  mind,  according to those  finger-print records taken by Police in 1994, the marks were  “cuts or nicks”, and not gunpowder residue.

He has already pre-judged this issue and come to a pre-determined conclusion: they are “cuts or nicks”, and nothing more.

Is it any wonder than police have stuffed up so many investigations, which have resulted in innocent people ending up in prison? How can an investigation be conducted with an open mind if officers like Burgess are pre-disposed to an outcome?

This is the kind of thinking that over-looks critical evidence.

This is the kind of thinking that sends innocent people to prison.

This is the kind of thinking  that misinterprets evidence.

For example, Robin Bain’s fingerprint file doesn’t show two cuts at all. It shows one mark on the lower part of his thumb that could be anything (which, remember, Police Pathologist, Alex Dempster, did not record as a cut or abrasion when he examined Robin Bain’s  hands),

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Campbell Live - David Bain - asst police commissioner malcolm burgess - new evidence - gunpowder residue - fingerprints

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So where is the second “nick or cut” on Robin Bain’s thumb-print? It isn’t there.

I won’t be waiting for the Police to review this new evidence. Burgess has made it abundantly clear that they have already dismissed the marks as “nicks or cuts”. Accepting the marks as gunpowder residue would mean the following;

  1. The clearest evidence yet that Police bungled the most basic aspects of the murder/suicide investigation,
  2. The best evidence to date (aside from the bloodied sockprints) that Robin Bain was the killer.
  3. An inability for the Police to consider new evidence where it threatens their image and reputation.

Of those three points, I find #3 the most disturbing.

With a supercilious smile and more than a hint of arroganance, Asst Police Commissioner Malcolm Burgess  essentially told the public to “go get stuffed”; the NZ Police  will not countenance new evidence that may threaten their credibility or reputation.

This is ominous in a way that I can barely describe;  the Police are refusing to  look at new evidence impartially.

Does this mean  that their  first obligation is to themselves and their own reputation,  and not the law?

If so, they have become a law unto themselves.

If you doubt what I am telling you –  look at the video again.

Now tell me it doesn’t make you uneasy.

This blogpost was first published on The Daily Blog on 29 June 2013.

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