
So hopefully for the final time the Bain case raised it's ugly head in our nation's dialogue this week. So let's talk about stuff around it.
First off, let's just call it what it is. Bain can't prove he's innocent. We can't prove he's guilty. Here's a million. Let's just call it a day. You can call it hush money if you want or you can call it compensation for Judith Collins refusing to respect a judge that her government employed. Whatever.
It split the nation. It split the judges. It split the politicians. It’s over, yet we still don’t know what happened.
A realisation out of the Bain case for many is that that our legal system is not based on innocence. In our legal system you're either guilty or not guilty and that's not innocent. It's just that the case against you hasn't been proved. No matter how trumped up the charge, how fanciful it is, as soon as you go to court you will not be found innocent. Just not guilty. The taint will remain.
It makes a mockery of that old saying innocent until proven guilty. You're guilty until proven innocent in this country. That was the trouble with Binnie’s report on Bain. The Canadian judge worked under the misguided concept that because we never proved David guilty there must be a degree of innocence there. It all sucks, I know. But I understand why it has to be like that and I respect it and have no other idea to offer to replace it.
And to wrap it up - I'd just like to give David Bain a bouquet. Sure he may have killed his family which is inexusable but take a step back. He was 22, 22 years ago. He was a kid trapped in a pretty dire life. He won't argue that his childhood was a mess. He then spent 13 years in jail and a lifetime as a bogeyman. A price has been paid.
A lot of people yesterday said crime pays. Kill your family and get a million. But I think that underestimates how hard 13 years in jail is. He went into jail the year my first child was born. That boy is now 20. That was denied to David. I'd want more than a million to compensate for that time I've enjoyed. After all no-one's finally proved he's guilty.
So his is a life interrupted. Sure he never took the stand but the times he has spoken it's at least been dignified. He hasn't railed against the machine, he let Karam do that for him. Instead he's calmly said I'm innocent and that's all. Yesterday he was doorstopped in his house in Christchurch and that's all he said. He didn't say he needed more money. He never has.
I think the 13 years in jail was the making of him because many others would have snapped or formed a grudge. I think David grew up and became a better person. Bain is not selling his story to magazines nor has he created a pity party. I'm not afraid of David Bain. In fact I'd quite like to spend some time with him because I'm sure he has some wisdom to tell.
So Bain has paid a huge price already. And I doubt he’ll see much of the 900 grand once all the bills have been paid. I think we should let him be. A greater power will be his judge at the end of the day.
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