Joe Karam. Photo by NZPA.
Police will review information presented last night in a
documentary about the Bain case that a defence witness gave
evidence about meeting Robin Bain which was inconsistent with
documentary records and the accounts of other people present at
the time.
However, a police statement said the programme has
not raised any issues that were not either implicitly or
explicitly put before the court.
These inquiries are routine and are conducted whenever police
receive information of this nature.
•
QC hits out at Bain documentary
Police had no further comment on the programme itself or
these inquiries.
The television documentary, which called into question
evidence at David Bain's retrial has been slammed as
"farcical" by Bain supporter Joe Karam, who says the
programme's maker refused to approach the defence team for
input.
Bain was convicted in 1995 of murdering his parents, Robin
and Margaret, and siblings Laniet, Arawa and Stephen in their
Dunedin home.
He was found not guilty in a retrial in June last year, after
his defence team had argued that Robin Bain had shot the
other four family members before turning the gun on himself,
with the motive being his incestuous relationship with
daughter Laniet.
In The Investigator Special: The Case Against Robin
Bain, screened on TV One last night, documentary maker
Bryan Bruce called into question some of the evidence given
by defence witnesses.
The documentary singled out the testimony of the retrial
defence's surprise witness Daryl Young for special attention,
quoting two people who contradicted the photocopier
salesman's evidence about his dealings with Robin Bain as
principal of Taieri Beach School.
Bruce said Robin Bain had been in effect put on trial and
vilified without the benefit of a proper legal defence.
He said there was no forensic evidence linking Robin Bain to
any of the murdered family and his documentary showed the
questionable chain of actions Robin would have had to have
performed - including shooting himself without leaving any of
his bloody fingerprints on the bloody gun.
Mr Karam said today the factual basis of the documentary was
"so askew as to be farcical".
"It's just unmitigated rubbish," he told NZPA.
"About the only thing I agree with him is that the police
should be called in quickly, and they should be knocking on
his door for masquerading as a serious documentary maker."
It was "disgraceful" that TVNZ screened the documentary
without Bruce seeking input from the defence team, Mr Karam
said.
"They refused to approach us."
Bain's lawyers only learned the documentary was being made
earlier this year after the court sent them copies of letters
from Bruce asking for court documents, Mr Karam said.
When in May they received another letter from the court
saying the documentary was almost finished, the defence team
wrote to TVNZ and Bruce asking for the documentary to be
postponed.
"How can you possibly do a balanced programme about the
defence case without talking to the defence?"
The documentary did not follow the normal broadcasting
standards of balance and fairness, Mr Karam said.
"Huge claims were made solely for the purpose, I would say,
of increasing ratings and getting people to watch it."
It was too early to say whether a complaint would be laid
with the Broadcasting Standards Authority.
David Bain's lawyer, Michael Reed QC, said the documentary
had glossed over a lot of evidence about Robin's depression
and his motive for killing the family.
"I am disgusted by the fact [Bruce] didn't spend one second
in court, that he is challenging the jury and that he was
disrespectful of the system and of the judge," he told the
Otago Daily Times.
David Bain's legal team would today consider what action, if
any, it would take.
A name, residential address, and (preferably residential) telephone number is required from readers who comment on ODT Online. These details will not be visible to site visitors.