On 20 June 1994, Robin and Margaret Bain and three of their four children – Arawa, Laniet, and Stephen – were shot to death in Dunedin, New Zealand. The only suspects were David Cullen Bain, the eldest son and only survivor, and Robin Bain, the father.[1][2] David Bain, aged 22, was charged with five counts of murder. In May 1995, he was convicted on each of the five counts and sentenced to mandatory life in prison with a minimum non-parole period of sixteen years.[3]
David's case was taken up by businessman and former rugby player Joe Karam. In 2007, his legal team, guided by Karam, successfully appealed to the Privy Council, arguing that Robin Bain was involved in an incestuous relationship with one of his daughters. When this was about to be disclosed, he killed everyone in his family except David and then committed suicide. The Privy Council declared there had been a 'substantial miscarriage of justice'.[4] Bain was released on bail in May 2007. The retrial in June 2009 ended with his acquittal on all charges.[5]
The case has been described as "the most widely discussed and divisive in New Zealand's criminal history".[6] Speculation about it continued long after David was acquitted, including whether or not he should receive compensation for the years he spent in prison. Ian Binnie, a retired justice of the Supreme Court of Canada, was appointed in November 2011 to review the circumstances and advise the government on whether compensation should be paid. Binnie concluded that the Dunedin police made 'egregious errors' and that the 'extraordinary circumstances' in the case justified the payment of compensation. This report was rejected by the Minister of Justice, Judith Collins, on advice from the police,[7] the Solicitor-General[8] and High Court Judge Robert Fisher.[9]
Following Judith Collins' resignation, in March 2015 the government appointed Ian Callinan, a retired justice of the High Court of Australia, to conduct a second review of David's compensation claim.[10] Callinan concluded that David was not innocent on the balance of probabilities. David's legal team indicated they would contest the report's findings in Court. The Government offered David an ex gratia payment of $925,000 to put an end to the drawn out dispute over compensation which David reluctantly accepted.[11][12] David has subsequently changed his legal name to William Davies.[13]
- ^ "Bain father and son were suspects". Otago Daily Times. 26 March 2009. Retrieved 2 April 2017.
- ^ David Bain V The Queen - Privy Council Judgment, Privy Council, 11 May 2007 para 8
- ^ "David Bain timeline of events". 3 News online. 26 June 2013. Retrieved 22 October 2016.
- ^ "David Bain v The Queen". Committee of the Privy Council. 11 May 2007. Retrieved 22 October 2016.
- ^ "David Bain found not guilty". 3 News NZ. 5 June 2009.
- ^ A Case that divides a nation, Stuff,
- ^ Report recommending Bain compensation is 'flawed', NZ Herald, 13 December 2012
- ^ Request for the Callinan report on David Bain’s compensation claim, Office of the Ombudsman, para 5
- ^ "Summary of key findings Hon Dr Robert Fisher QC" (PDF). govt.nz. New Zealand Government. Archived from the original (PDF) on 19 May 2017. Retrieved 15 March 2019.
- ^ "David Bain: Retired judge to head compensation claim". The New Zealand Herald. 20 March 2015. Retrieved 17 January 2016.
- ^ Joe Karam: David Bain payout a 'bittersweet pill to swallow', NZ Herald, 5 August 2016
- ^ Cite error: The named reference
Ex gratiawas invoked but never defined (see the help page). - ^ "David Bain changes name to William Davies". The New Zealand Herald. 26 May 2017. Retrieved 9 October 2024.