Has Bain been found innocent on balance of probabilities

NewstalkZB reports:

Confidence the report into David Bain’s compensation claim will be well thought out, and thorough.

It’s understood retired Canadian Supreme Court judge, Ian Binnie, who’s reported back to the Government on David Bain’s claim over wrongful imprisonment, has concluded that on all probabilities Mr Bain is innocent of the 1994 murders of his parents, two sisters and brother.

I have long had the view that David Bain did kill his family, based on evidence at all the trials, plus having read both books on the family and the killings.

When he was acquitted at his second trial, I accepted that the jury found reasonable doubt but always maintained that is different to whether or not he probably did it.  Just like the Ewen Macdonald case.

I have to say I was doubtful a claim for compensation would ever be filed as I thought that having a report reach a conclusion on balance of probabilities would not be in David Bain’s interests.

If NewstalkZb is correct, and Justice Binnie has concluded that on balance of probabilities David Bain did not do it, I am staggered.

However Justice Binnie, a former member of Canada’s Supreme Court, has spent months going through all the evidence in this case. I am not so arrogant that I prefer my opinion on some of the evidence to his considered opinion on all the evidence. If he has concluded that it probably was not David Bain, then I for one will respect that.

And while I instinctively do not like the thought of my taxes going to David Bain as compensation, when I have suspicions he was the killer, I do think it is important we have due process. If Justice Binnie has concluded that Bain was innocent on balance of probabilities, and should receive compensation, then that should occur. The upholding of the principle is important.

Also if the report is correct, one has to acknowledge Joe Karam for his tenacity. He managed to get the Privy Council to order a new trial, helped get an acquittal and now has had Bain found innocent on balance of probabilities. An incredible achievement.

Assuming the report is released eventually, I look forward to reading it, and especially Justice Binnie’s conclusions on what evidence he found most persuasive.

Comments (226)

Login to comment or vote

Add a Comment