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Newstalk ZB
May 11 2007; 13:56

Bain result raises justice system questions

 

David Bain's success at the Privy Council is sparking debate about the New Zealand judicial system.

United Future leader Peter Dunne believes the Privy Council has identified serious deficiencies in the way evidence is presented to New Zealand courts in quashing Bain's murder conviction. Bain's legal team describe the ruling as an indictment of the New Zealand judicial system.

Mr Dunne says in the last decade alone, similar allegations around the presentation of evidence have dogged major cases such as the Peter Ellis, Rex Haig, David Dougherty and Scott Watson cases.

Mr Dunne says the lay person's presumption is that all relevant material is put before the court so the jury can decide guilt or innocence. But he says in reality the process is far more selective and is now open to serious questioning.

Peter Dunne believes many New Zealanders will share his feeling of disquiet around the way in which criminal trials are conducted in New Zealand. He says there needs to be a review of rules of evidence and court procedure.

National's Justice spokesman Simon Power is cool on the issue, saying rules of evidence have already been reviewed. He says a lot of work has been put into the new Evidence Bill by the Justice Select Committee and the nation should wait and see what follows from that.