KEY POINTS:
Here is an earlier selection of Your Views:
Gail Opie
With that smile David Bain has to be chosen to do "Dancing with Stars" next year.
Paul Nolan
Forget the re-trial - pardon the man. His father committed the crime and spared his son who he believe was a good worthy person.
K
Shame on our justice system (i.e Police)! They are supposed to protect us not slam us in jail for something we did not do in the first place. Further, they had no real sufficient evidence to back up their charge. I hope Mr Bain takes both the government and our police for absolutely every claim he can!! I would. Another thing, they keep stating "How will David last outside?" How do you think he's going to last! He is not a moron. If proven not guilty (as I believe he rightfully should be), it's mainly how the public are going to act towards him. I dont know this man but I feel very sorry for him to be honest. Justice aye? Yeah right...poor David.
Garrett Rossini
Granting of bail was a good decision. He's effectively done 12 years of remand with no conviction against him. If I was on a jury presented with all the evidence available now (assuming all relevant information has been presented by the media), I would find him not guilty. He should be compensated for those 12 lost years. However, I think he may not get compensation unless he goes to trial and is found not guilty.
Mary
David Bain should not have to face a retrial. He has already served twelve years in prison for a crime I very much doubt he committed. Much of the evidence has either been destroyed or contaminated anyway, so there's no point in continuing with this issue any further. Let the man have some privacy now and give him space to organise a new life for himself.
Marnie
It's just crazy to think that our justice system can get it so wrong. Stories like this are the exact reason why people would never want their DNA collected and held on file. Not with a bunch of simpletons running around trying to close a case rather than solve it. Scary!
Tina Winikerei
They got it wrong, the way the police operates in regards these types of maters, needs to be reviewed. Or even put those who got it wrong, behind bars and see how they like it. There seems that police evidence and their case was misleading, how will they be made accountable. It cant imagine how this person felt and the grief he must have carried for those years, bottom line it was his family.
Julie Flaws
At long last, David Bain is on the road to freedom. What a horrendous nightmare this whole episode must have been for him. Imagine coming home to find your whole family murdered - and then being imprisoned for it. I hope he gets pardoned and is granted millions - he deserves it. Also hurray for Joe Karam. What a hero to fight for so long.
Nathan (Aussie)
About bloody time, Good luck David.
Jeremy Cooper
There needs to be some clarification from the legal community and the government of the appropriate steps the govt must take to investigate and then deal with the judges of the Appeal Court who created the substantial miscarriage of justice for Mr Bain. The medical equivalent of this event would be where a doctor practised well below the standard of care, however unintentionally, and as a result harmed a patient in a serious permanent way. Such a doctor would have to go before the Health and Disability Commissioner, and the Medical Council. Their license to practise medicine would be questioned and if they were allowed to continue to work their future practice in the profession would quite possibly be monitored and restricted for many years. The aim of this series of steps is to protect the public. How do we proceed as a country to protect citizens from future substantial miscarriages of justice which could be committed by these particular judges who judged Mr Bain, some of whom are now in the Supreme Court? So far the silence is deafening from our government which did away with the Privy Council as our highest court. The public deserve better.
D. J. Fitzsimmons
So a mass murderer is to walk free: despite an overwhelming case having been made against him. Meanwhile, the news media treat David Bain like a hero: and a substantial (but ill-informed) section of the community want him compensated, and accuse the police of bringing a wrongful prosecution. It is time to introduce a New Zealand version of the French system, where an investigating magistrate is charged with the duty of establishing the truth. The present adversarial situation: where the defence lawyer contrives an alternative story to match the prosecution case: is immoral and dishonest.
Jo Nolan
Bain should be left to get on with his life now and should be reimbursed monetarily, as Arthur Allan Thomas was, for loss of income and life experience. The judiciary of this country should right a wrong, swallow their collective professional pride and do the right thing. Surely there is sufficient evidence to support the case for his release. I and most NZ'ers, who have taken more than a fleeting interest in this case, believe that it was David's father who had motive, opportunity and sufficient mental instability to carry out these horrendous murders before putting a gun to his own head. I would further argue the toss with any person who would suggest that David acted unnaturally following the discovery of his butchered family. Is it not credible to think that we would behave in a manner such as David did on entering such a scene? Would we thoroughly check for signs of life (and in the process perhaps become stained in blood)? Is it so far fetched to think that we too would become overwrought and non-communicative with grief in discovering that all our loved ones had perished? Further what professional team could honestly defend their actions of burning the significant evidence of the house so early in the case where such a grisly murder had taken place, give away the computer ( a key piece of Crown evidence) to relatives, or withhold significant evidence to better support the Crown case? I doubt that the police and Crown intentionally set out to convict an innocent man. Instead I would suggest that the death scene was probably one of the most horrific that the policemen entering had witnessed in perhaps their careers and as they tried to rationalise what had in fact gone on they leapt to the wrong conclusions. Perhaps it became a case of believing their own press to rationalise their decision. It would be difficult to rest easy at night knowing you had been responsible for putting the wrong man in prison so perhaps this consideration became unconscionable. For justice to be restored lets see an expedient end to the David Bain's sorry saga and let him get on with rebuilding his life and allow him the opportunity to grieve as a victim for his family he lost 13 years ago.
Rhonda
I am elated for David...and I wish him all the best. I have followed the case from the beginning and have believed in David all the way! The moment I heard the Breaking News I clapped for joy!
Batman
This is just great news. I am so happy for him, and as for the police, back off. You have done enough already and as kiwis are now aware of how police find the easiest way to get a conviction and use innocent people to get there job done, that shows us their mentality and intelligence, they have none. So the police are in the spot like for rape and now the top cop re the so called bestiality movies, and throwing innocent people in jail. I have no faith in the police, they make me sick, just completely unprofessional in everyway, I´d say NZ police are at the bottom of the food chain at the moment, I am happy that finally all their corruption is going to come to a big halt. I think we are going to see big trouble for the NZ police, and for anyone that defends the police about the David Bain case, you are all blind, and naieve and come from sheltered little homes.
Good on you David, Most of NZ supports you, just take a look at the polls mate. I know you are innocent, the guilty here is the police, maybe the prosecution team should be put on trial.
Ike
Interesting that the Privy Council's decision to quash Bain's convictions is accepted by him, well-meaning Joe Karam, Reed QC and New Zealand at large, but the highest court in the land's unequivocal position on bail is ignored. What bothers me more than that is the way the media is lapping it all up, kowtowing to the Bain bandwagon, completely and conveniently forgetting the fact that he is still, very possibly, liable to be convicted as a mass murderer. He has not been found innocent by the Privy Council, they have simply said that a jury should decide on points previously adjudicated on by the Court of Appeal, yet he is treated almost like a homecoming hero. Let's just wait and see.
Steve Cox
The Crown Solicitor would be crazy to retry this case which is now so old, so controversial and so pointless since he has already served 13 years. The Crown should save some face, taxpayer dollars and gain some respect from ordinary New Zealanders by not subjecting David (and us all) to the humiliation that will undoubtedly come from yet another botched trial. The Crown got 13 years out of him - quit while you're ahead, drop the charges and let's all move on!
Gail
The Justice system (UK) finally got it right. This man was always innocent of this tragedy. I'm happy for him, his lawyers and supporters and his loyal friend Joe.
Liz
Great news for David and his supporters. I think he now needs some time away from the media spotllight to think about what the future might hold for him. I hope the media respects his need for privacy so he has time to get used to his new life out of jail.
Tucker
Our NZ justice system really worries me. It seems that you can choose which information the court will hear and which information you don't want them to know because it might not help 'the' situation. That to my mind is not truth and justice.Having been a witness in a work related situation, I was appalled at the behaviour that was allowed by the lawyers and person bringing the case. That behaviour would not be tolerated or allowed in a work place. Why do we allow it in a court?
The fact that NZ judges did not follow the law and the privy council found there had been a miscarriage of justice and that someone has not had a fair trial really worries me. I ask myself - could this happen to me or someone close to me and the answer comes back? Yes. That is very scary. I also am very concerned about the police and some other government department's "witch hunt" mentality/attitude. It is a complete waste of our taxpayers money and someone should be accountable for being wise and act appropriately. Someone needs to tell some of these people to pull their heads in and get real. Get them to live in the real world and not try and drum up work or be so determined that they get a conviction whatever the costs (personal and financial) which only the lawyers benefit from and gives work to government employees. I want justice and truth not convictions just to get a conviction so the case will be closed. We should not have removed the Privy Council - NZ is too small and everyone knows everyone else so conflict of interest is too easy. We need more separation and unbiased people to re-look at cases and give greater clarity. I don't like what I see of the judicial system we have. I would never feel really safe that I or any member of my family or friends would get a fair trial in our current system. It depends too much on who you know, which lawyer you can afford, who the judge is that you get on the day. And all that is too much in the lap of the gods. Heaven forbid. And then you hear too many stories about what really goes on in jails - it doesn't matter if you are guilty or not -it is all too terrifying. What also really concerns me is that if a person was wrongfully convicted and has spent many years in jail, a life has been wasted. The person can never get that back - it has gone forever. So many missed opportunities and everything else that we all take for granted. Some people are gracious enough to make the most of it and just keep moving on - and good on them, but it should never have happened in the first place. This is the first time I have ever made any such comments and I feel very strongly about our judicial system and have done for a number of years now.
Lisa Clarke
Well, what an interesting chapter, in an already very interesting saga. Who can say whether this man, David Bain, committed these crimes or not? Only his family, and he -really know the truth. It appears to me however ,that David has acted exactly as one would if they were wrongly convicted. He has fought tooth and nail, gone to the highest courts in the land and them some, while gathering to himself some very loyal supporters. Either he is a very convincing actor, or he truly has been the victim of a serious miscarriage of justice. (Judging by recent reports of police conduct, it is perhaps not too much of a stretch to imagine that they had the wrong man all along...) Surely there is merit some in the fact that perhaps this man deserves the chance, at last, to be heard.
Kiwi Lisa
I don't have enough knowledge to judge whether Bain is innocent or not. But, what does come to mind clearly regarding "justice" in New Zealand is the now extremely infamous Arthur Allan Thomas case from the early 1970s. Many will probably still remember that Arthur Allan Thomas was tried, convicted and jailed, over several trials, for having murdered Harvey and Jeanette Crewe in South Auckland. However, back then many people strongly believed that Arthur Allan Thomas was totally innocent,…But that such can happen in a modern, civilised New Zealand will forever remain mind boggling. However, the question now is also: can New Zealand again afford a similar case?
Tom (Wellington)
Sure, the Privy Council decided some relevant evidence was not presented to the jury and the legal process was not followed correctly, but this does not mean David Bain is innocent. The facts strongly suggest that in a moment of madness, he killed his dysfuntional family. His supporters have lost sight of key facts presented in court. That after the family were all dead, David Bain washed his clothes before dialling 111. He had fresh injuries on his face but his father Robin had none. No other person's blood was found on his father's clothes notwithstanding the younger son put up a huge struggle leaving the bedroom blood splattered. Robin's handprints were not on the rifle lying beside his body and importantly the medical evidence confirmed he'd been shot in the back of the head. All these facts rubbish claims by David's supporters that it was murder/suicide by Robin Bain. Instead these supporters seize on (unsubstantiated) incest allegations against the father and to give further support to their motive theories, claim books about murder were found beside his bed - conveniently forgetting to mention these were standard Agatha Christie! What we need now is a retrial to get all known facts out into the open.
Melanie (Wanganui)
I believe there are only 2 people who know what happened that fateful day. God and David Bain. If he's innocent, then please allow his name to be cleared properly. If he's guilty then I feel he's spent enough time in prison and deserves some peace and quiet to adjust to his freedom, and get on with his life. Whichever verdict is correct, his life will never be the same.
Ajayan Thiruchelvam
It's about time David Bain got out. And it was good to hear his words on TV "I don't care" when asked if he should face a retrial. What is it about our legal system and judicial processes which allows the police excessive powers to withhold material evidence. Surely this should be addressed by our government. They can start with making any investigating police officers criminally accountable for hiding or destroying evidence. Why should corrupt police be immune from responsibility if the rest of us can be liable for perjury or obstructing the course of justice. Perhaps Parliament should lay down clear guidelines on what should happen with every piece of evidence uncovered by police at any time.
A Mum from Pakuranga
I hope that there is a re-trial for David. In fact, I hope he has the right to request this. That is the only way David can be found innocent. I cannot believe that any jury would convict him after the criticism by the Privy Council of the Appeal Case in which David was found guilty.They could not refuse to allow the additional evidence to be heard, evidence which I believe would show that David could not be guilty. To David, congratulations on your coolness after your bail hearing. To Joe Karam and your family, congratulations for the exceptional work you have done and time spent without your husband, your Dad. There must have been times you would like Joe to have dropped the case.
Ronesh R
Either way the justice system in New Zealand is or was a big failure. People were found dead and he was the only survivor, guilty then he should not have been released, not guilty then what a waste of 13 years in prison. The people losing will be the taxpayers, who either paid for 13 years of imprisonment of a possible innocent man and if found innocent will have to pay for the compensation for being falsely incarcerated, its time to learn something from bigger countries with better justice systems.
Alistair Stewart
Someone needs to speak for those who can no longer speak: the 5 slaughtered Bain family members. It's all too easy for the living to slander the dead who can't defend themselves. Especially when the survivor has been carefuly groomed by a supporter. The problem still remains: David Bain was not found innocent and Robin Bain could not have done the murder-suicide.
John
If Bain didn't do it, who did? Less prasing the guy and start asking more questions. His entire household is wiped out and he conveniently misses it? That makes a good Tui ad, yeah right!
Diana
Congratulations David. I always knew you were innocent. I think this has been a lesson to us all. That if you believe strongly in something, especially if it means someone's freedom is taken away from them unnecessarily, we need to do something about it instead of sitting back and thinking "that's not fair". People need to know what to do in cases like this. Who to contact etc. I wish you all the best. You come across as such a warm, gentle soul who deserved so much better than this.
Amanda
David Bain is guilty. He may be out on bail but that does not mean he is innocent. It's disturbing to see so many stories about what great news this is. For years we have been subjected to unbalanced media and propaganda from Joe Karam in support of David Bain. No-one has ever presented the other side, and unfortunately as David's extended family know only too well, no one is left to defend Robin Bain or any of his brothers or sisters.
Cara
I have read both of Joe's books and the other book by James McNeish, and I am pleased that David has finally been released after what appears to be a very unfair justice system and questionable handling of the case. I wish you all the best for the future.
Jo J
David, I wish you all the very best in your quest for justice, as certainly over the years justice has not been done. I sincerely hope that you can create a life for yourself and hope that you achieve any dreams that you formulated during your enforced absence from the wider world. Good luck and God Bless.
Margaret
After I read Joe Karam's book many years ago I was convinced that this man is innocent. It as an indictment on our judicial system that it has taken 13 years for this bail and re-trail to be allowed. The poor, brave man is clearly innocent.
James
All along I have been willing to support Joe Karam in his bid for justice. I thought that it was highly likely that David Bain was innocent & I admired Karam for standing up for the 'little guy' to ensure he received a fair trial. I haven't read either books on the case but now after reading a lot of the evidence, I do believe David Bain is guilty. I just think the police made mistakes & withheld certain elements/facts/witness statements etc in order to secure a conviction. It was a high profile case & they wanted a watertight case to ensure a conviction. Unfortunately this has led to a miscarriage of justice as found by the Privy Council. My personal view is that he should be retried by jury. At the same time he has served a large part of his sentence & I do not believe he is a risk to society & the Crown will have to weigh up the cost of going through another such high profile trial so long after the incident took place. Especially now that Bain has been released on bail & a lot of the public think he is innocent. A bit of a dilemma but I am of the thinking - you do the crime, you do the time & I would like to see justice finally served which I believe is what Joe Karam was really fighting for.
Auckland
Dad rung me with the news about David's release and I am very pleased with the result. For years now we have been following the case and I've read over the evidence and it is beyond all reasonable doubt that he is not guilty. I've done some readings on the family history and listened to second hand information. I can't believe the justice system got it so wrong several years ago but we should be thankful that David finally got the justice he deserved. I wish we could say the same for all criminals.I wish David the best in his new life outside of prison.
T (West Auckland)
Well it's about time. Why did it take so long for this to happen? With the ways things are now with our justice system & the police culture is it any wonder why people have either little or no confidence in either.I hope that David Bain is not re-tried again & given the chance to live & enjoy his life in peace with his great friends who have supported him all the way. As for his first night of freedom I hope it was a good one & that they send the bill to our Justice Department.
Glenys (Massey, Auckland)
I am delighted that David has been given bail although I would like him to be pardoned. From the moment that this tragedy happened I have not believed that David was in any way responsible and felt that he did not get a fair trial. Many years ago I contacted Joe Karam to inform him of my support and consequently have sent what little financial support I could afford. I am nearly 62 years old. My love and continued support go to David and I sincerely wish him all the very best for the future. He deserves a life and should remember to take things slowly - one step at a time and not rush to make decisions in haste. Love and kind regards, David, you are in my prayers and my thoughts.
Moon (Auckland)
I have no faith in the justice system when full evidence is not presented to the jury. I trust the jurors to make the right decision but they can only do so if they are presented with all the facts. Look at the Shipton case. Withholding the fact that he is already serving a jail sentence for rape at a potential rape trial is not fair on the jurors. I agree with Helen Clark that there is a need to address this in our legal system. It is sad that David Bain's family have distanced themselves from him. understandably during that time, it would have been difficult for the family to acknowledge that Robin Bain could be involved in incestuous acts - a school principal, a religious man who prayed each morning. Now we know that even priests molest young boys in their charge. We decent naive people have woken up in the last few years - it is not so hard now for us to face the sordid reality of what evil can lie within some sick people, and this is so because we are given the raw facts via the media . Well done Joe Karam and David's other supporters.