NZ Herald
  • Home
  • Latest news
  • Herald NOW
  • Video
  • New Zealand
  • Sport
  • World
  • Business
  • Entertainment
  • Podcasts
  • Quizzes
  • Opinion
  • Lifestyle
  • Travel
  • Viva
  • Weather

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
  • Herald NOW
  • On The Up
  • World
    • All World
    • Australia
    • Asia
    • UK
    • United States
    • Middle East
    • Europe
    • Pacific
  • Business
    • All Business
    • MarketsSharesCurrencyCommoditiesStock TakesCrypto
    • Markets with Madison
    • Media Insider
    • Business analysis
    • Personal financeKiwiSaverInterest ratesTaxInvestment
    • EconomyInflationGDPOfficial cash rateEmployment
    • Small business
    • Business reportsMood of the BoardroomProject AucklandSustainable business and financeCapital markets reportAgribusiness reportInfrastructure reportDynamic business
    • Deloitte Top 200 Awards
    • CompaniesAged CareAgribusinessAirlinesBanking and financeConstructionEnergyFreight and logisticsHealthcareManufacturingMedia and MarketingRetailTelecommunicationsTourism
  • Opinion
    • All Opinion
    • Analysis
    • Editorials
    • Business analysis
    • Premium opinion
    • Letters to the editor
  • Politics
  • Sport
    • All Sport
    • OlympicsParalympics
    • RugbySuper RugbyNPCAll BlacksBlack FernsRugby sevensSchool rugby
    • CricketBlack CapsWhite Ferns
    • Racing
    • NetballSilver Ferns
    • LeagueWarriorsNRL
    • FootballWellington PhoenixAuckland FCAll WhitesFootball FernsEnglish Premier League
    • GolfNZ Open
    • MotorsportFormula 1
    • Boxing
    • UFC
    • BasketballNBABreakersTall BlacksTall Ferns
    • Tennis
    • Cycling
    • Athletics
    • SailingAmerica's CupSailGP
    • Rowing
  • Lifestyle
    • All Lifestyle
    • Viva - Food, fashion & beauty
    • Society Insider
    • Royals
    • Sex & relationships
    • Food & drinkRecipesRecipe collectionsRestaurant reviewsRestaurant bookings
    • Health & wellbeing
    • Fashion & beauty
    • Pets & animals
    • The Selection - Shop the trendsShop fashionShop beautyShop entertainmentShop giftsShop home & living
    • Milford's Investing Place
  • Entertainment
    • All Entertainment
    • TV
    • MoviesMovie reviews
    • MusicMusic reviews
    • BooksBook reviews
    • Culture
    • ReviewsBook reviewsMovie reviewsMusic reviewsRestaurant reviews
  • Travel
    • All Travel
    • News
    • New ZealandNorthlandAucklandWellingtonCanterburyOtago / QueenstownNelson-TasmanBest NZ beaches
    • International travelAustraliaPacific IslandsEuropeUKUSAAfricaAsia
    • Rail holidays
    • Cruise holidays
    • Ski holidays
    • Luxury travel
    • Adventure travel
  • Kāhu Māori news
  • Environment
    • All Environment
    • Our Green Future
  • Talanoa Pacific news
  • Property
    • All Property
    • Property Insider
    • Interest rates tracker
    • Residential property listings
    • Commercial property listings
  • Health
  • Technology
    • All Technology
    • AI
    • Social media
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
    • Opinion
    • Audio & podcasts
  • Weather forecasts
    • All Weather forecasts
    • Kaitaia
    • Whangārei
    • Dargaville
    • Auckland
    • Thames
    • Tauranga
    • Hamilton
    • Whakatāne
    • Rotorua
    • Tokoroa
    • Te Kuiti
    • Taumaranui
    • Taupō
    • Gisborne
    • New Plymouth
    • Napier
    • Hastings
    • Dannevirke
    • Whanganui
    • Palmerston North
    • Levin
    • Paraparaumu
    • Masterton
    • Wellington
    • Motueka
    • Nelson
    • Blenheim
    • Westport
    • Reefton
    • Kaikōura
    • Greymouth
    • Hokitika
    • Christchurch
    • Ashburton
    • Timaru
    • Wānaka
    • Oamaru
    • Queenstown
    • Dunedin
    • Gore
    • Invercargill
  • Meet the journalists
  • Promotions & competitions
  • OneRoof property listings
  • Driven car news

Puzzles & Quizzes

  • Puzzles
    • All Puzzles
    • Sudoku
    • Code Cracker
    • Crosswords
    • Cryptic crossword
    • Wordsearch
  • Quizzes
    • All Quizzes
    • Morning quiz
    • Afternoon quiz
    • Sports quiz

Regions

  • Northland
    • All Northland
    • Far North
    • Kaitaia
    • Kerikeri
    • Kaikohe
    • Bay of Islands
    • Whangarei
    • Dargaville
    • Kaipara
    • Mangawhai
  • Auckland
  • Waikato
    • All Waikato
    • Hamilton
    • Coromandel & Hauraki
    • Matamata & Piako
    • Cambridge
    • Te Awamutu
    • Tokoroa & South Waikato
    • Taupō & Tūrangi
  • Bay of Plenty
    • All Bay of Plenty
    • Katikati
    • Tauranga
    • Mount Maunganui
    • Pāpāmoa
    • Te Puke
    • Whakatāne
  • Rotorua
  • Hawke's Bay
    • All Hawke's Bay
    • Napier
    • Hastings
    • Havelock North
    • Central Hawke's Bay
    • Wairoa
  • Taranaki
    • All Taranaki
    • Stratford
    • New Plymouth
    • Hāwera
  • Manawatū - Whanganui
    • All Manawatū - Whanganui
    • Whanganui
    • Palmerston North
    • Manawatū
    • Tararua
    • Horowhenua
  • Wellington
    • All Wellington
    • Kapiti
    • Wairarapa
    • Upper Hutt
    • Lower Hutt
  • Nelson & Tasman
    • All Nelson & Tasman
    • Motueka
    • Nelson
    • Tasman
  • Marlborough
  • West Coast
  • Canterbury
    • All Canterbury
    • Kaikōura
    • Christchurch
    • Ashburton
    • Timaru
  • Otago
    • All Otago
    • Oamaru
    • Dunedin
    • Balclutha
    • Alexandra
    • Queenstown
    • Wanaka
  • Southland
    • All Southland
    • Invercargill
    • Gore
    • Stewart Island
  • Gisborne

Media

  • Video
    • All Video
    • NZ news video
    • Herald NOW
    • Business news video
    • Politics news video
    • Sport video
    • World news video
    • Lifestyle video
    • Entertainment video
    • Travel video
    • Markets with Madison
    • Kea Kids news
  • Podcasts
    • All Podcasts
    • The Front Page
    • On the Tiles
    • Ask me Anything
    • The Little Things
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In
Advertisement
Advertise with NZME.
Home / New Zealand

Champions: conviction in innocence of the convicted

Herald on Sunday
22 Dec, 2012 04:30 PM6 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  Sign in here

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save

    Share this article

Journalist Pat Booth proved police planted evidence that, wrongly, implicated Arthur Allan Thomas (pictured). Photo / NZ Herald

Journalist Pat Booth proved police planted evidence that, wrongly, implicated Arthur Allan Thomas (pictured). Photo / NZ Herald

What's the attraction in championing the cause of convicted criminals? Deborah Coddington investigates why advocates try to prove the innocence of those already found guilty in court.

David Bain's compensation is a topic you probably won't raise during Christmas dinner unless you wish peace and goodwill to turn into a family at war, because half the country thinks Bain is guilty of murder, despite Joe Karam's successful campaign to clear his friend's name.

But it's a brave soul these days who will declare, in these controversial cases, the prosecution got it right. Try calling Peter Ellis a paedophile and see how long you last.

It's much easier taking up cudgels on behalf of the convicted - or even someone alleged to have committed a crime. For example Kim Dotcom, convicted of computer fraud, embezzlement and insider trading in Germany, is now fighting extradition to the US to avoid criminal charges of copyright infringement. But here, media treat him like a rock star.

It hasn't always been thus. We once revered police, convinced they'd "got their man". But something changed when Auckland Star journalist Pat Booth concluded a 10-year crusade to free Arthur Allan Thomas when he was convicted in 1970 of murdering Jeanette and Harvey Crewe.

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

Booth proved police planted evidence - a cartridge case - and after that nothing stayed the same. We were shown the police can get it wrong.

"That is true," Booth says. "It was also a turning point as to how newspapers handled crime stories. Before that, there was no advocacy journalism on behalf of a prisoner. Now I can see everyone doing it."

Booth's team won its fight to have Thomas pardoned in 1980. He says the problem with Bain's compensation bid is "they don't have a cartridge case".

Increasingly, certain convicted criminals are, with media help, transformed into causes celebres.

Advertisement
Advertise with NZME.

Mirroring the Thomas case was David Dougherty's 1993 rape case. He was jailed for three years before new DNA evidence cleared him of the crime. Auckland journalist Donna Chisholm crusaded for Dougherty, the Government gave him $869,000 compensation, and a docu-drama was made about the campaign to clear his name.

The Christchurch Civic Creche case still divides opinion. In 1993, Peter Ellis was convicted on 16 counts of sexual offences involving children in his care and spent 10 years in jail. The Court of Appeal quashed three convictions, but in 1999 upheld all the others, as did Chief Justice Sir Thomas Eichelbaum's report. Governor-General Michael Hardie-Boys rejected Ellis' third bid for a pardon.

Dunedin journalist and author Lynley Hood had led the campaign for Ellis with her award-winning book, A City Possessed.

But, if the public thought the Ellis case was controversial, they'd seen nothing yet. In 1995, David Bain was convicted of killing all five members of his family and jailed for 13 years.

Discover more

Opinion

Joe Karam: This injustice almost as bad as the first one

14 Dec 04:30 PM
New Zealand

Bain breaks his silence

15 Dec 04:30 PM
Opinion

Bryan Gould: Collins should stand by Bain report

16 Dec 04:30 PM
Opinion

Tapu Misa: Second opinion on Binnie makes sense

16 Dec 04:30 PM

There were several appeals before success at the Privy Council, a retrial and acquittal. Former All Black Joe Karam, loudly assisted by Sir Robert Jones in his Herald column, still campaigns for taxpayer compensation.

No former prisoner could ask for better publicity than Bain enjoys, who now says but for the inconvenience of his family being wiped out, he could have been a renowned opera singer.

Overshadowed by Bain that year was fisherman Rex Haig's conviction for murdering Mark Roderique. Journalist and defence lawyer Rennie Gould followed his case and wrote his book, Rough Justice, but Haig's case was relatively low profile. Although his conviction was quashed in 2006, his application for compensation was turned down.

A cynic may say Haig's case would be more prominent if the personalities were pretty, or middle class. Like the Sounds murders in 1999 when Olivia Hope and Ben Smart disappeared for ever.

Scott Watson was convicted of their murders and even though experienced journalists such as television's Keith Hunter and North & South's Mike White have made films and written books and features about Watson's innocence, he remains behind bars.

Paul Davison QC, who led the Crown case against Watson, last year criticised Hunter's crusade, saying his book "excites attention without really having covered the detail and undertaken any sort of analysis at all".

Advertisement
Advertise with NZME.

Then there's David Tamihere, jailed in 1990 for the murders of Swedes Heidi Paakkonen and Urban Hoglin. The convictions were always controversial but because Tamihere was already seen as unsavoury (he had a rape conviction), there wasn't exactly a conga line of journalists or ex-All Blacks to fight for his freedom. Only TVNZ's Janet McIntyre, who also followed Haig's case, was there filming when finally he was freed.

Now Mark Lundy's case is back. Mike White - again - in this month's North & South details the case as the legal team applies to be heard by the Privy Council. For 10 years, Lundy's Palmerston North supporters have beavered on his behalf. White knows the case well and accepts Lundy's image: a fat slob who visited a prostitute the night he killed his wife and daughter - makes him an unlikely hero. Who'd want to crusade for him?

"I'm not a campaigner," White admonishes, "But I have looked at the evidence and it's impossible not to feel very strongly about what happened and feel there's been a huge injustice. I'm a journalist, I think journalists have a role in exposing and highlighting injustice where they see it."

Whether readers change their minds is questionable. We seem hardwired to believe people are innocent.

Ian Lambie, Associate Professor in Clinical Psychology at Auckland University, believes we are obsessed with crime because it's "more glorified, far more accessible since we've had programmes dedicated to it like CSI. Today, violence is on our dinner plate. For instance, the latest shooting in America has been our nightly dinner menu, and the internet feeds it".

Lambie says it's not "clear cut" why we champion the underdog, those a jury has found guilty beyond reasonable doubt. "The press rally around. That works in [a prisoner's] favour because trials take weeks and weeks and Joe Public relies on summaries through radio, television and the newspaper - what they see or read must be true. I think the facts are difficult, and aren't presented in bullet point, one-line form, so people make short, quick decisions."

Advertisement
Advertise with NZME.

Mike White argues he's not trying to change minds, just present "a whole lot of facts people haven't heard so at least they can make up their minds from an educated position".

Janet McIntyre says she is not "obsessed with trying to find guilty people innocent. We're drawn to certain cases where we sense a potential miscarriage of justice. There is legitimate and high public interest in those cases being investigated."

But there is another side that senior journalist Rosemary McLeod, who has written countless crime stories, would hate the public to lose sight of - the victims.

"I find it remarkable that all this pity is focused in the direction of the accused, and the seriousness of what happened is no longer the core issue.

"You could examine any trial in detail and you'll find all sorts of discrepancies. Someone can say a thousand times they didn't do it, but that doesn't mean they're not lying."

Save

    Share this article

Latest from New Zealand

New Zealand

'Cheeky grin': Family, school mourn 6yo victim of Pātea boat tragedy

19 Jun 06:30 AM
New Zealand

From top to bottom: Gisborne slumps to last on economic scoreboard, locals still optimistic

19 Jun 06:00 AM
New Zealand

Rotorua chef denies arson of his own home

19 Jun 06:00 AM

Jono and Ben brew up a tea-fuelled adventure in Sri Lanka

sponsored
Advertisement
Advertise with NZME.

Latest from New Zealand

'Cheeky grin': Family, school mourn 6yo victim of Pātea boat tragedy

'Cheeky grin': Family, school mourn 6yo victim of Pātea boat tragedy

19 Jun 06:30 AM

The boy’s family and friends came together this week to farewell him at his home.

From top to bottom: Gisborne slumps to last on economic scoreboard, locals still optimistic

From top to bottom: Gisborne slumps to last on economic scoreboard, locals still optimistic

19 Jun 06:00 AM
Rotorua chef denies arson of his own home

Rotorua chef denies arson of his own home

19 Jun 06:00 AM
Peter Jackson seeks consent to create museum in Shelly Bay

Peter Jackson seeks consent to create museum in Shelly Bay

19 Jun 05:21 AM
Help for those helping hardest-hit
sponsored

Help for those helping hardest-hit

NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven Car Guide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP