Read everywhere!

March 18th, 2009 at 4:00 pm by David Farrar

A reader e-mailed in last week:

I was at the High Court yesterday watching the case, and I could see the laptop screen of one of the Crown’s lawyers and I could note that at the time when I looked he was reading your blog

That’s quite cool. Would be cooler if the Judge was reading it also :-)

Talking of the Bain case, I am finding bloody useful the detailed blogs done by the NZ Herald on each day’s proceedings. Not as good as live streaming, but gives you a much better idea of the evidence that just one short story at the end of the day.

I’m actually using the Herald blogs to compile two documents. One is what you have to believe that Robin did it, and one is what you have to believe that David did it. I plan to blog them once the jury retires!

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28 Responses to “Read everywhere!”

  1. llew (1,286 comments) says:

    It might aid the learned gentleman if you blog that now.

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  2. Wycroft (779 comments) says:

    If you could post something substantial sooner you might have an impact on the case!

    [DPF: I think the Court would rather I did not]

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  3. Ratbiter (1,265 comments) says:

    Any chance of an preview of which way you’re leaning at the moment?

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  4. Paul Marsden (990 comments) says:

    Speaking of Bain, any word yet about the reinstatement of the Privy Council as our only non-partisan and independent court of appeal?? It can’t come soon enough.

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  5. CraigM (541 comments) says:

    “Any chance of an preview of which way you’re leaning at the moment?”
    “If you could post something substantial sooner you might have an impact on the case!”

    I know DPF is too smart to fall for that and shame on you for asking.

    The fact that the prosecutor was even looking at the blog is reason enough not to be commenting on guilt or innocence.

    I hope it doesn’t mean the poor shlock was looking for inspiration.

    Some of his witnesses have had a torrid time. Maybe he was checking out what was being said about him?

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  6. Inventory2 (9,380 comments) says:

    Indeed Craig. I had one post about the Bain trial before it started, and will not be blogging further about it until after the verdict has been delivered.

    BTW, and totally off-topic (unless the Crown Prosecutor was also observed watching CricInfo on his laptop!), the Black Caps are mounting a terrific fightback – 61-6 at lunch is now 237-6 with Vettori on 111 and Ryder on 76.

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  7. Paul Marsden (990 comments) says:

    I stick by my comments that Karam is most likely the only person on the planet that has read, digested and examined all of the evidence presented by both sides in this case.

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  8. Gooner (919 comments) says:

    I would be very disappointed if it was Dad.

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  9. metcalph (1,367 comments) says:

    As David Bain had a heart that only beat 50 times a minute at rest, he should not only be given the benefit of doubt but canonized as a Saint.

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  10. F E Smith (3,307 comments) says:

    While I hesitate to confess to what I read on my computer while in court, I am willing to reveal that a laptop with internet access is essential in a long trial. When there are multiple counsel it also allows the defence lawyers to email each other instead of having to whisper with the jury watching.

    There may be the temptation to read the odd blog, but I would have thought that in such a high profile trial all counsel would be circumspect about their use of the internet. I suspect only the Cricinfo commentary would be acceptable, but even that you keep to yourself. Sounds like this particular counsel should get one of those filter thingys that fit over your screen, although considering the police usually set up the computer system for the Crown (they generally connect via a LAN to another police laptop outside the courtroom, where information can be passed backward and forwards without counsel leaving their seat) they don’t usually have the most advanced technical equipment and may not have one.

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  11. F E Smith (3,307 comments) says:

    Gee, thought I had posted something but for some reason it has completely disappeared!

    I was just going to say that I won’t personally confess to reading the internet whilst in a trial, I can say that a laptop is essential for the long trials. Usually the police set them up for the Crown and they connect via a LAN to another police laptop out in the Crown trial room outside the courtroom. I have also seen it where it connected to another computer in a corner of the public gallery. Not sure the defence would be given the same resources even if they asked for it, but that may have occured in this trial due to the size of it.

    That said, in the longer, multiple defence counsel, trials it is a boon to have all of the defence lawyers on email. Allows us to discuss what is happening without resorting to constant whispering, which annoys the transcribers no end because it interferes with the recording!

    I would expect the Crown counsel to be monitoring Cricinfo also- one judge I have done trials with would give us an update from it at each break. Very useful.

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  12. F E Smith (3,307 comments) says:

    oh no, now both are up!!!

    50 bpm is not unusual, metcalph, as I can attest to having that heart rate in my youth, some time ago…

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  13. peterwn (3,334 comments) says:

    It would be useful to benchmark this against the Mr Justice Tipping’s (for the Court of Appeal) review of the evidence in 2002 and see how much of that continues to stack up.

    This would be most unusual but I think a second judge should join the bench for the final submissions to make sure as far as possible that the summing up is ‘watertight’. This would be in line with the pre-trial hearings into admissibility whether the trial should be held, etc.

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  14. F E Smith (3,307 comments) says:

    peterwn, as far as I am aware there were only two judges (Panckurst J and Randerson CHCJ) for the stay application. Panckhurst J made the pre-trial rulings on his own.

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  15. dad4justice (6,594 comments) says:

    Now as I am well known in the legal fraternity in Christchurch – Hi boys and gals from Raymond, Donnelley & Co, and to the Honourable Justice Panckhurst I must completely deny that Peter Burns is dad4justice. I will file in the Supreme Court if there is anymore statistic and Batman must fly away now..

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  16. tvb (4,556 comments) says:

    Bain is one cool dude with his whole family wiped out in a violent act and he is not even in shock nor displaying abnomal behavior. He was abnormally normal.

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  17. noskire (835 comments) says:

    Sorry DPF (or floating admins), delete this if you see fit, but this has always been a key thing to me in the Bain case.

    One thing about the Robin Bain ‘suicide’ theory – if you’re going to top yourself with a rifle, you don’t aim it at your forehead. In or under the mouth seems to be the most common way with suicide by firearms.

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  18. Paul Marsden (990 comments) says:

    Noskire. I don’t think clarity of thought would have been a high priority in the perpetrator’s mind (at the time). Besides, a shot to the temple is a common enough way to do the business.

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  19. Robert Black (423 comments) says:

    David Bain is as guilty as sin. If you don’t know this with 100 % certainty you are an idiot.

    But, let us assess his chances:

    He has a New Zealand jury made up of 12 New Zealand jurors.

    Hmm, I would give him 60/40 in favour of an acquittal.

    Just Robert Black’s two cents worth.

    http://www.worthyofpublishing.com/book.asp?book_ID=1058

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  20. Robert Black (423 comments) says:

    This time without the spam:

    David Bain is as guilty as sin.

    If you don’t know this by now you are an idiot.

    But let us assess his chances as a lawyer:

    Well, New Zealand jury, twelve New Zullind people, a cross-section of the average New Zullind men and wimmin and their brains.

    “Please take that gun away!!!”

    Um, I got it like 60% chance of the wrong decision. Like David will be a superstar novelist and cator doing deals with Peter Jackson, appearing on Letterman with the Flying Concordes in less that six months.

    Ahhh, gotta love good ol Noo Zeallun.

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  21. Robert Black (423 comments) says:

    Oh yeah, me too, it seems the ol free speech of David Farrar has gone out of the window.

    I knew it would happen.

    I warned him.

    DF is the new New Zealand Oprah!

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  22. Robert Black (423 comments) says:

    Don’t say sorry!

    This blog is now not a blog!!

    You may as well be in in China now.

    As I said, “Power corrupts and absolute power corrupts absolutely.”

    Haha, sad but true, he is the new Kiwi Oprah.

    Just like journalists, ex parte communications from now on, only the words he likes.

    He certainly is fat and ugly enough to be the new Kiwi Oprah.

    Sadly his fame will cost him his blog later. And his fame and popularity.

    Should have listened to the wise Robert Black DF.

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  23. Robert Black (423 comments) says:

    Oh seems the moderators changed their minds, haha.

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  24. Robert Black (423 comments) says:

    Thanks for that.

    :)

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  25. noskire (835 comments) says:

    http://www.amjforensicmedicine.com/pt/re/ajfmp/abstract.00000433-200112000-00001.htm;jsessionid=JQJMyG0FnLGGfR1GbSk2TsY2WJNffcn7QdrhhWjh1V52TJlLG1my!1389757296!181195629!8091!-1?nav=reference

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  26. OECD rank 22 kiwi (2,760 comments) says:

    You can’t hold a good man down.

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  27. Murray (8,803 comments) says:

    Yeah daily selected presentations make second guessing the judical process so much easier than actually allowing aman to have a fair trial don’t they.

    Good help you if you ever end up in the dock David, you’ll have no argument against any media feeding frenzy will you.

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  28. johnson (1 comment) says:

    Hi,

    It has been impossible not to take an interest in the Bain trial and seeing the daily clips. I dont know much bout the justice system but a mate told me that the Judge, Justice pankhurst is acknowleded in one of the books on the case. I have just checked up on all the books and its a book called mask of sanity by a fellow called james mcneish. seems pretty odd to me that the judge in such a major case would be so publicy connected to past books on the case, dont you? keen to hear thoughts cheers

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