KEY POINTS:
Among the factors to be considered in any monetary compensation that may be given to David Bain is the issue of loss of potential earnings and assets. Hypothetically, as the sole surviving heir in his family, does he have a case against the family members and fire brigade,
which burned the family home?
Kent Atkinson, by email
At law, you cannot benefit from a crime, so all his inheritance and the proceeds of the sale of the section were distributed to his extended family. At the request of the extended family, and with David's consent when he was in a traumatised state, the police and fire brigade burned down the house. Hopefully, and in addition to any ultimate compensation, he will be able to claim back his inheritance.
I had always thought that the fact that Robin Bain died with a full bladder was a telling point in indicating his innocence. Did the Privy Council make any comment at all on this matter?
R. Goldfinch, via email
The Crown hardly mentioned the bladder issue in the Privy Council, as it is such a silly point for them. The police allege that Robin got out of bed, dressed and then walked to the house, past a toilet and into the lounge, with the intention of kneeling down to pray for at least three quarters of an hour without first urinating. On the police scenario (which is wrong) why would Robin not first urinate? There is medical evidence that people overlook any urge to urinate in a stress situation. We all know that when we are distracted or very busy we forget to urinate.
Do you have confidence that a NZ-based court of final appeals could deliver the same impartiality as the Privy Council?
C. Mitchell, Birkenhead
It is not just whether the Supreme Court would be impartial but whether the court is perceived to be impartial by the public. That can be addressed by either merging with Australia's highest court or, if that is not possible, by having overseas judges from the Privy Council or other Pacific countries sitting in the Supreme Court and making up the majority. Helen Clark and Margaret Wilson should never have abolished the Privy Council. After all, it is free. Even the highest court in Britain is subject to the European Court of Justice in The Hague. Why are we so precious?
Why have some of David Bain's family members requested that David not be allowed to go to the South Island?
Margaret N., by email
The extended Bain family opposed David's release on bail. In a gesture to appease them, David volunteered that he would stay away from where his extended family reside, being the South Island, Hamilton and Wellington.
Could you outline the defence team's reasoning behind how David Bain's bloodied hand print came to be on the family washing machine?
Chris D., Auckland
Quite simply because Robin had placed his bloodied clothes in the washing basket before he changed into clean clothes to meet his maker. He was very religious. David, following his daily routine when he returned from his paper round, always put on a wash. The laundry/bathroom was dingy, and if it is his palm print in blood (which is not clear), then he must have touched some bloodied clothes in the laundry basket. The mother's diaries show that David did put on the wash every morning and we know for certain that Robin's bloodied socks ended up in the wash. The computer timings give him an alibi, and the bloodied footprints in the hall prove that Robin is the killer. Also there is now a mass of evidence to establish a motive for Robin to be the killer; there is no motive for David.
NEXT WEEK: Finance Minister Michael Cullen on the Budget.
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