Ian Binnie has responded to the statement from Judith Collins about concerns with his report. What strikes me as fascinating is how passionately pro-Bain he is. He complains that David Bain has not yet been given a copy of his report, for example.
He also cites the Privy Council judgement at length, but of course that was a decision there were grounds for a retrial. That was not a decision that on balance of probabilities Robin Bain was the killer.
A commenter makes the point:
Binnies statement, reproduced above, is the best evidence so far supporting Judith Collins stance. In it, he quite clearly demonstrates a lack of understanding of the law and the facts.
In paragraph 4 he states that the decision of the Privy Council that there had been a miscarriage of justice was reinforced by the verdict in the 2009 retrial. I am astounded that he would make such a statement.
The acquittal did not reinforce the conclusion of the Privy Council. The Privy Council was at pains to say that it did not have an opinion as to whether Bain was guilty or not. In NZ, the term miscarriage of justice refers to the process, not the outcome. You can have a trial which is found to have been a miscarriage of justice, but which still reaches the right result.
Binnie has demonstrated in his statement that he does not understand the meaning of the term miscarriage of justice, nor doe he understand the PC decision. He has also demonstrated a failure to understand the 2009 jury’s verdict. His statement quite clearly demonstrates a belief that the not guilty verdict equates to a finding of innocence.
Then in paragraph 5 he states that “all of the “external” judges who have looked at the record of the case have rejected the arguments of the Solicitor General and the Crown Law Office regarding David Bain’s guilt”. Again a mistake that goes to the very heart of his integrity.
The PC made no judgement on David Bain’s guilt. Their judgement states “In closing, the Board wishes to emphasise, as it hopes is clear, that its decision imports no view whatever on the proper outcome of a retrial”
Collins doesn’t have to release the report now. Binnie, by his own statements, has vindicated everything she has said about the report.
Another commenter (who is a lawyer) also says:
I have read Binnie’s statement which shows a scary misapprehension of events. The PC did not make any comment about guilt or innocence. It refused to go into that arena. It dealt with admissibility of evidence. The jury did not find him innocent. It found that the Crown had failed to prove guilt beyound reasonable doubt. I gather that he refused to hear from one of the jurors who expressed concern about jury misconduct. He cannot do that and, in the same breath, conclude that the jury found him innocent. I have no wonder why Collins is getting a second opinion.
Also worth reading this post by Andrew Geddis at Pundit.