KEY POINTS:
Here is an earlier selection of Your Views. Some comments have been edited for legal reasons.
Lynney (Auckland)
David Bain should be set free; as he has for 13 years incurred differing sets of unbelievable injustice's many times over. Did not the Arthur Alan Thomas debacle and bungling teach NZ police anything? As for our judicial system - sort it out now! Thank you to his loyal supporters, family & friends for keeping their unfathomable faith & to fight until there is no place left to challenge. Koe Karam is certainly a friend to have on your side.
L Wood
While recently reading a book on the Arthur Allen Thomas case who was found guilty by a jury repeatedly. Yet released eventually as all the evidence pointed to another "major" suspect. I feel that David Bain has served sentence and had to pay for the incompetent and manipulating police force. How many times does he have to go thru manipulative court system to find out that assumption lingers longer than the clarification of truth.
Auckland
I agree with most readers that David Bain should be released. I don't have faith in the NZ justice system. Criminals are looked after, whereas victims basically have to "live with it". Bring the Privy Council back. We need a totally independent judicial court to review cases like David Bain. The police will do anything to nail someone, but they get all defensive when they are the ones under scrutiny. David Bain deserves a huge monetary compensation, but then money will never give him back his lost years in prison.
Patrick
The Privy Council is needed to provide an impartial view for cases like this.
Mike (Dunedin)
If not David, then who? The fathers arms weren't long enough to pull the trigger with the silencer on, and the entry wound is from behind ... and inconvenient and near impossible angle for an old man in the dark. It was allegedly David's rifle, ammunition and silencer ... with the keys kept with David for safe storage. Karam has got no choice to continue his line - or lose face. Yes, the police were incompetent, and still are. The only answer is to polygraph David ... it works overseas, and will work here, and save the New Zealand taxpayer a fortune. How much long should the New Zealand taxpayer put up with this farce?
Barnsey
Its strange that David Bain has had to stay in prison for very nearly his minimum sentence before sanity has prevailed.
Anyone who has read all the details of the case understands very quickly that David must be innocent of all charges.Why couldn't the Police and the Judiciary in New Zealand come to the same conclusion many years ago? Free him as soon as possible.
Virginia Coles
I have always believed that he was not guilty he should be let out and there should not be another trial.
Marcus (Auckland)
This case has always had a "benefit of the doubt" factor. It is sad that it has taken so long to not acknowledge that he is innocent. I hope that David Bain has a great life going forward. New Zealand need to be proud to have people like Joe Karam.. Thanks Joe.
Chat
To Diane, i highly recommend you taking a look at this site: http://www.innocent.org.uk/cases/index.html (i'm not aware if there's a site like this in NZ). Although you might want to think that the aliens are doing this, but worst form of justice is putting someone else in jail when the real criminals are out in the loose free to do even more harm.
NZ Herald reader (Auckland)
Release David Bain immediately, and no retrial. After all, the evidence was rigged in the first place, so how could a new trial prove anything. Restore the Privy Council, so that others may have the opportunity to prove their innocence also. Scott Watson, who was chosen to take the fall for a crime he did not commit, (again Police honed in on him, and didn't bother to look at some very positive sightings of the ketch) and Peter Ellis, who was another 'fall guy.' My faith in our justice system is non existent, to the prosecutors, and defenders it's just a game to them. A very frightening game.
Gill (Birkenhead)
Remember Arthur Allan Thomas? Framed by the police with planted evidence. Remember the recent Louise Nicholas rape? Evidence withheld by the court. We have two problems to sort out in NZ before the public can be assured our new Supreme Court can function fairly. First, police mismanagement of evidence and habit of running mindlessly for a simple solution needs a remedy. Second, the legal system has a flaw in the rules of evidence. Our utmost court clearly needs to be able to hear all available evidence, hearsay, the lot, and leave it to the competence of a team of senior judges to filter the truth. That is what has just happened in the Privy Council. Until that hearing our law has simply dug itself in deeper. How, I wonder is the Crown going to amply compensate a young man robbed not only of his kin (his wider family even shuns him) but of his reputation and the formative years of his adult life? We're watching with interest.
Steve (Dunedin)
Why are New Zealanders so apathetic? Time after time the Court of Appeal gives the impression that they have simply rubber-stamped the Police case and ignored compelling new evidence from the Defence. It seems that protecting the good name of the Police is more important than justice. Yet, we have allowed the government to dispense with the Privy Council, highly trained and independent of the NZ judicial system. Their services are free whereas the new Supreme Court is costing the taxpayer millions.For the sake of justice, access to the Privy Council must be restored. I can't see it happening though.
Tania
I say have a retrial, I am not convinced of his innocence. As for Lundy, he should not see the light of day, Ellis should have been let out years ago.Justice must be seen to be done Now that the Privy Council have slammed our justice system for a gross miscarriage of justice, David Bain should be not only released but pardoned and compensated accordingly. Echos of Arthur Allan Thomas methinks. Thank goodness for honest crusaders such as Mr Karam. He too should receive a just monetary reward for perserverance and his belief in Bain's innocence over many years.
Sarah K
I think that David Bain has waited far too long to get to this point. He deserves to be set free, but I do think that there needs to be a retrial to find out what really happened to clear David's name. He was not given a fair or reasonable chance all those years ago. Evidence, in my view is pointing directly at the father, who had one very strong motive. The 'justice system' sets obvious murderer's / rapists and mentally disturbed people out into society everyday with a kiss and a handshake to get a 'second chance' and then duck for cover when they reoffend and ruin someone else's life. They seem to do the exact opposite with innocent people 'doing time'. Another prime example would be Peter Ellis. Another innocent life ruined.
K Outram
I read with interest the reports of David Bain, in my view, and that of many others - I that feel this is long overdue - may he not have to face a re-trial and be allowed to 'blend' back into every day life, after perhaps a little 'orientation training' as the world has changed considerably since he was free in it last, Good Luck to him & thanks to Mr Karam and others for believing in David.
Sandra Delany
So David Bain has had his conviction quashed, doesn't mean he is innocent, there is no point in allowing a re trial. All this proves is that the police did not do their job properly, if they had of done the job properly they could have either proved he did it or not did it.
The police here and I suppose in other countries as well have a bad habit of focusing on one suspect only, hence Peter Ellis, Scott Watson two people I do believe did not do the crimes they have been convicted of.
Kat
David Bain should be released immediately and given a huge amount of money in compensation for having spent the past 11yrs in jail for a crime he did not commit. I have absolutely no faith what so ever in the NZ Justice system. My father was executed in 2001 at his home at around midnight. There were two men involved, one was convicted of murder and sentenced to a minimum non parole period of 12yrs, the other man was convicted of Manslaughter and received a 9yr sentance - he is out of jail now. Where is the justice in that? People are out there murdering others with gay abandon and why? Because there are no hard and fast rules for sentencing murderers, it is up to the judge on the day. Absolute nonsense is what it really is.
Bev
He should be let out immediately...he didn't do it as we all knew back in 1995. The whole thing has been badly handled by policy, the judiciary and politicians. Hope they have very deep pockets to pay out the compensation he deserves, but he will never be able to pick up his "lost life".
Robb
The answer is in the judgment from the privy Council. David Bain should be set free from prison, and a retrial should not be held. He should become a free man. I have always believed in his innocence.If a retrial were to be held I would have no faith in the New Zealand justice system.
A Bain Believer
Well done to Joe Karam for all his hard work in helping to keep the case of David Bain alive. I find it difficult to believe that this case has gone on for so long. I am no legal expert, but even I would have been hard pressed to believe everything that went on during the court cases. I think the final straw really for me was when the house was burnt down. If there had been the chance of any other evidence being there, it was well and truly gone after the fire. I feel for the extended Bain family for being so one eyed about this case. Surely even they could see that David had neither the time or reason to murder his whole family. What did he have to gain - absolutely nothing. Well over a decade he has been in prison for something he so clearly didn't even do. I hope that after the courts see fit not to do another retrial and David is finally and justifiably pardoned for this crime he did not commit that he is finally able to move on. Mind you in saying that I do think that both David and Joe need to go the state (yes that's all of us) for compensation. Mind you this will in no way make up for the ten plus years that David has spent behind bars. May the rest of his life be filled with joy..
Paul (Auckland)
David Bain should be set free - and I have no faith in the justice system in NZ. We should all hang our heads in shame that we have a police force that values a conviction over the truth. It has been obvious to all thinking New Zealanders that Bain is innocent for many years - but the police have continued to try to justify their actions rather than face up to the fact that they have put an innocent man in jail for all these years. Shame on the police for their dogged stupidity and being so self centred and small minded that they were unable to look at the evidence with open minds.
Chook (Blenheim)
I think that Bain should be set free next week. Because if the police did their jobs well they see all the problems in this case. if it wasn't for people like Joe Karam and all the other New Zealanders like me. I personally don't think that Bain should ever have been put in jail. and for him to get on with his life and so does my family and do to.
Mike (Warkworth)
I think Bain should be set free without a retrial. Personally I never thought that he was guilty, the father more likely shot all then himself. David has served enough time in prison, another trial would cost the country millions - forget it. I have no faith at all in the justice system, the police etc need to be very careful who they arrest, they appear to frame people just to make their job easier and done with - without thinking for the person who could be innocent all along.
Paul
We can't give David that part of his life back, what we can do however is throw the cop in jail that pinned this on him and see how he likes it. I believe this would be in the public interest. How many other people have been subjected to a miscarriage of justice by him? In all cases the rule should be that if the evidence is faked or planted or omitted the prosecutor and the arresting officer are put in jail for the equivalent time when the miscarriage of justice is discovered. This would protect the public from cops that are too eager to get promotions etc.
Alan Wilkinson
Bain should be freed. Karam should get a medal. The Court of Appeal should get a rocket. The big doubt is whether our new Supreme Court has got the integrity and independence to make a similar decision. I believe not. Without an independent body to right judicial wrongs too many unfortunate New Zealanders will continue to have their lives ruined by very serious miscarriages of justice supported to the bitter end by a self-protecting and uncaring judicial establishment.
Marcy
I have always believed in David's innocence and sadly it is another tragic case of miscarriage of justice (it happens alot) he lost his entire family, couldn't attend their funerals and his house was burnt to the ground. But wait there is more, he was put in jail for life...Hello? He is a strong man and I admire his courage and strength. Good luck in life second time round David. 'best wishes' No retrial he has suffered enough.
Mascell (Auckland)
I have never believed David Bain was guilty and I find it so sad that despite the various anomalies in evidence found to exist by Joe Karam .the justice system has failed this young man so dramatically. Do I have faith in the justice system in this country - no. Do I trust the police to search for the truth- no. Do I believe that the police department en masse will fit the evidence to suit them - absolutely.Can I trust the judicial process - I think not. Lets not forget Peter Ellis as well!!
Sarah (Tauranga)
I think David Bain should be granted bail whilst the judicial system can determine whether they have enough evidence to make him stand trial again. No, I never had faith in the judicial system with regards to this trial. I firmly believed that the police were looking to pin this one someone, to parade a murderer around like a show pony and unfortunately David Bain looked like a likely candidate and they didn't have to work too hard. Case closed. It is a very sad state of affairs, which has ruined this man's life. I believe he should be seeking compensation and looking at a witness protection programme and being relocated all at the government's expense because let's face it, he'll never be allowed to get on with his life if he stays in New Zealand.
Ian (Auckland)
It's great that David Bain has finally received the true justice that he so richly deserves. Let's hope he also gets the payout he deserves too, which for at least a decade in prison should be a substantial amount I would think. Perhaps this payment should come out of the Police budget and then they would be a little slower to finger innocent people in murder cases in the future. I have always said, right from day one, that he was innocent. Good on you all for pursing this matter until the end. However having said that, I am dismayed to see that some of your writers are taking this opportunity to attack the government (yet again). Oh dear, just remember not every wrong that has been perpetrated in Kiwiland is the fault of the government. We can't always remain tied to the apron strings of the motherland in the form of the Privy Council, or anything else for that matter. Perhaps if you don't like life here, there's always the West Island that you can live in. And leave the best country in the world to the rest of us to enjoy.
Le Fox
Distorting the truth unfortunately happens in trials. D. B. has served enough time for a murder crime. Let him out I refuse to pay for him to supposedly clear his name. As far as the Privy Council is concerned, I cannot see how someone can understand governance of another country when they are so far removed.Usually, the only people who go to Privy councils are paid for by the taxpayer. I object to those bottomless pits.
Mo
I agree with many of the comments made today by fellow New Zealanders, pointing fingers at Helen Clark and moaning about our legal system and the corruption within the New Zealand police - I totally agree it's a huge issue. I am continually disappointed with the way things are handled in this country it always seems so sloppy. I remember when David was convicted - it broke my heart - you could see from a mile away the poor boy was traumatised and innocent. On another note, I think it's time to take action. Nothing is going to change in NZ, until we as New Zealanders start standing up for what we want to happen within our country. Not just talking about it but taking steps to ensure that there are changes made. Being heard is just not enough for me any more - I want changes and I want them now. We are the nuts and bolts that hold this country together and it's about time we take the power back and stop lying down and accepting what is dished out to us by the powers that be. We are kiwi's we don't lie down without a fight. We have a loud voice and together we can initiate change - so stop talking about it and start doing something.
Stace
I concur that David Bain should be released on bail. I believe he is innocent of this crime but I believe his name should be cleared through the court of law and for that a retrial will need to be held.
Craig F
Finally I can wear my green, red, orange, yellow, and purple oversized knitted jersey again in public without fear of ridicule. But in all seriousness, I think David Bain should place one of his jersey's on Trade Me. He'll get a fortune for it. Winter is here.
Suzanne
I am undecided on whether David Bain is innocent or guilty, but the trial was a joke and it was entirely predictable that the police would support their own in the subsequent investigation of how the police conducted their inquiry. There is a culture in the police that needs changing. This is something that occurs the world over however, and here in NZ we are lucky that the police have less powers than in other countries. Yes, there are others behind bars I have concerns about, but Mark Lundy (mentioned earlier) is certainly not one of them. How anyone could consider that murderer anything other than guilty is beyond me.
Brian Cowie
How could the NZ police neglect the fact for 12 years that after a lifetime of abuse and having not seen her father for a year it was the night of the murders that she had gone to confront her father.
Patrick (Southland)
Having recently given evidence in a lengthy jury trial reinforced for me that the final verdict heavily depends on the competency of the defence counsel,and on what evidence is presented in court. A trial which has a weak counsel for the defence,and in which not all of the available evidence is presented can result in an incorrect verdict being delivered. I do not know whether David is innocent or guilty,but I have long believed that if all of the available evidence had been properly researched and presented to the court,he would not have been convicted. The privy council are correct in their decision.
Fred
I don't know if he is guilty or innocent, but I do think the decision was good, as the original trial would have left me with reasonable doubts.A retrial seems the fair way forward.
Peter Waring
Miscarriages of justice seem to be a specialty of our legal system. I doubt if an appeal to the Supreme Court would have had the same result as Bain's appeal to the Privy Council. How about dodgy Police and forensic evidence in the Christchurch creche case, the Sounds murders and the Terrace shootings?
Beaten to near death Dad(Wellington)
I used to think there was justice in New Zealand. I grew up believing it and believing in the system. How naive! At least in the criminal justice system there is something, which closely resembles evidence. In the Family Court, there is no evidence. Lies, manipulation and exaggerated twisted trivia win. It's totally unbelievable until you are in it and experience it yourself. There's no attempt by the court to establish some facts about what has been said. The cost is a huge factor for those not on legal aid earning modest amounts. Lawyers, judges and other professionals soak up huge amounts of money. And rather than establishing facts - evidence, they form opinions - opinions based on a soap opera drama of affidavits. So much wasted effort and cost could be avoided if they started by establishing the facts. That's a good basis for justice.
Richard
How can anyone have faith in a system of justice when major inconsistencies result in decisions being reversed? If they got it wrong first time who's to say they didn't get it wrong this time and then perhaps next time.
Lara
Congratulations Joe & David, your perseverance has finally paid off and your victory is well deserved. With the house burned, evidence contaminated or lost and the passage of time there is no way David can have a fair retrial. He should be released immediately. He is a model prisoner and an innocent man - 12 years for a crime he didn't commit is enough.
Jennifer Northover
Restore access to the Privy Council. As soon as possible. It should never have been dropped in the first place.
Diane
With John's comments in relation to all the other names of convicted murderers ie; Scott Watson, Tamahere etc, is going a bit overboard by suggesting they are all innocent. No such comments should ever be made unless John was present at all the trials and heard every bit of evidence. Think of the poor victims in all these cases, who did murder them then John, aliens ?
Janine (Australia, ex NZ)
At last this man is free - I hope the NZ Government are ready to pay the millions to Joe Karam for his monetary backing and millions to this man who has spent a decade in jail for a crime he clearly did not commit..
Keith (Tauranga)
David Bain should be released on bail and granted a fair retrial in order to clear his name.
Vaughan Murray
Of course it is splendid news David Bain has obtained a quashed conviction, especially if you happen to be David, and of course his number one supporter and defender Joe Karam. Celebrations aside, I wonder if Mr Karam can answer and explain one basic fundamental question: If the weapon found at the murder scene was in fact the sole weapon used in the bloody quintuple homicide, why were David Bains finger prints the only ones found on the weapon? If Robin [ Father ] was indeed the person who pulled the trigger - killed the victims and subsequently himself as implied by the defence, then why are the fathers prints nowhere to be seen on the murder weapon? Did Robin conveniently get up off the floor [ after putting a bullet in his own head ] and selectively wipe his prints off while leaving Davids on it for the world to see. Very clever voodoo-gymnastics on the fathers part one would think?
Paula Weir
While I am not convinced of David Bain's innocence, I admire him for his long and arduous battle against a judicial system that I believe has many flaws. While David Bain is fortunate to have such high profile backers, many other individuals do not have this and spend years and their life savings fighting against wrongful convictions or false allegations, as to be falsely labelled a murderer or rapist is a cruel slur and harms the lives not only of the innocent individuals but of their family and loved ones as well. The police have been shown up once again as having shown little integrity in their investigation of Mr Bain, and until they adequately investigate evidence and alibis and do not allow tampering with evidence, dishonest distortions of witness statements, and shonky "expert" testimony their motto without "fear or favour" seems decidedly hypocritical.The police have been overly sensitive lately about public vilification, but until the police and the Crown act with more integrity and moral ethics they will continue to destroy the lives of innocent people. Sadly cases like Mr Bain's highlight the bad policing and prosecuting hurting their colleagues in the process.
Waiheke
He should be released immediately;No retrial.
Mischa
About bloody time. This is fantastic news for a case that has been poorly investigated by Police.
Harassed Migrant
I never thought I would see gross injustices in NZ, but I am horrified at the justice system and have no faith in it at all. The police tend to be over-zealous in making allegations and this has spilled over into the courts. Appalling cases like the Christchurch creche case shows the justice system here leaves a lot to be desired and it's disappointing that the legal fraternity don't do much about it. We are a migrant family facing murder charges for a crime that never took place. But because we are "different" and someone wanted to make a quick arrest we are now facing the worst injustice ever. I can't help feeling that the justice system is discriminatory and in NZ there is no such thing as innocent until proven guilty. If there is new information Mr Bain deserves a re-trial and he must be set free until that decision is made. If he is innocent, he should not pay for somebody's bad work. We have to face the facts-how many innocent people are in prison for a crimes they did not commit or worse still for a crime that never took place.There are a lot of horror stories and it's hard to believe I am in a first world country and such injustices exists.
Richard
It seems to me that the New Zealand Police are incapable of dealing with major cases. It seems to me, as I look back over the years there has been a few major cases, where the police have screwed up the investigations, and I cannot help but wonder how many of the people involved in major crimes are in fact innocent. Not long ago there was a story that a book was to be released that claims that Scott Watson was also framed and not guilty for his crime. Are we to have faith in the New Zealand Police when so many major crimes, and some minor crimes those convicted have latter been found to of not done the crime? There needs to be some serious investigations into how the NZ police force investigate crimes, because I see little reason to have any faith in the nz police force.
H Dare
First David Bain and next Ellis, Scott Watson and Lundy. All 4 were miscarriages of justice. We may have a legal system but we don't have a justice system.
Anna
David Bain should be freed and also paid a large amount of compensation.
Concerned Citizen
I am relieved that David Bain's conviction has been quashed and I hope that he gets the justice due him - freedom and a pardon exonerating him from the crimes he was accused of committing. Very tragic case.
James Gollan
New Zealand must reinstate the Privy Council as our last Court of Appeal. We have too small a population to draw upon to ensure a totally unbiased court. With police corruption rife within NZ it is essential that we have a totally neutral final court.
John
Isn't it great to know that Comrade Helen and her cronies in their infinite wisdom have severed our links to the Privy Council. She and her mates know best of course. By pushing through their own personal agendas and ideologies at a time when public apathy was at its highest early in their first term, they have ensured that any future David Bains will denied justice. Nice one Helen!
John Robb
There has to be a retrial. These matters have to be determined in New Zealand we are no longer a colonial outpost.
Jennifer Jones
Let him out - this has been a travesty of justice from the beginning! Good on you Joe for sticking with David Bain.
Simon Lister
David Bain should be released immediately. There should be no retrial.
Mawera (Whakatane)
I have followed this story closely over the years and have been frustrated by the lack of natural justice in the proceedings. I am glad that David Bain has finally been heard by a neutral third party; something he could never have in New Zealand. This was the last New Zealand case to go to the Privy Council; now there is no hope for New Zealanders to have an unbiased judgment at the end of the legal trail. Our legal system is not fair or just in so many cases. I believe we are far too small as a country to have our last resort on our own shores.
John
About time.How about Scott Watson? Mark Lundy? David Tamihere? Especially Scott Watson, the total lack of evidence.. What was more astounding was the jury fell for it.What was more astounding was the jury fell for it. "They wouldnt have arrested him if he wasnt guilty" The worrying feature of all these cases is the police pick their man and go for it regardless. The lack of evidence is clouded with innuendo, character assassination, and of course the secret witness. The pressure put on the police, the jury etc in these high profile cases results in common sense being thrown out in the quest to get somebody regardless. Joe Karam doesnt give up easily does he. Good on him. David was lucky to have him on his side.