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David Bain -
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David Bain's claim for compensation has sparked another round of debate in his never-ending and incredibly devisive case. And it's raised an issue that's annoyed a few of us since last year's re-trial.
As we sat through all the evidence and all the contradictory witnesses, week after week after week, we were frequently left thinking there was one man in the room who could sort out some of these things once and for all. His name was David Bain but under our law, he has the right to remain silent.
He didn't utter a word as his father was accused of incest and his sister Laniet had her credibility ruined. What did happen that final, fatal weekend back in 1994 when someone in the Bain family snapped?
Yes, David Bain did speak willingly to police at the time of the murders and he gave evidence during the first trial and yes, those statements were read out during the re-trial. His lawyer at the time saying David would not be giving evidence again, "because there was nothing more he can contribute". But in this case, many issues remain unresolved.
Journalists like straight questions and straight answers. And in that regard, trials can be a big disappointment. Many times the media contingent sitting at the back of court felt David was the only person who could shed light on what was going on in that family.
What really happened in Papua New Guinea?
Surely he'd have noticed if his sister Laniet had got pregnant and had a baby. It'd be good to have a chat about that. And what exactly was going on with them all that fatal weekend?
There was evidence given during the trial that, in fact, David had called a family meeting and that Laniet was scared of her brother. Well let's find out if that's true or not.
At the end of the trial there was some discussion around whether it was time to change the law so an accused, in some circumstances, should be forced to give evidence.
Well, now he may have to if he wants a payout.
If the compensation case proceeds and a QC is appointed to investigate it, he or she can ask to see David Bain and question him. It's all done behind closed doors. And David would probably be able to have a lawyer present.
During the trial I talked to David twice, very briefly. One time Joe Karam introduced us, the second time a group of us ended up in the lift together and, keeping the discussion well away from matters relating to the trial, we talked about how cold Dunedin gets in winter.
He came across as intelligent, articulate, confident and courteous. More than able to conduct himself during an interview with a QC.
If he wants a big compensation payout maybe he should answer a few more questions...
Read more of Vicki Wilkinson-Baker's blogs.
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