Tuesday, February 14, 2012

TRIAL BY AMBUSH - The Prosecutions of David Bain - Joe Karam

Booksellers tell me this title released on Saturday is flying off the shelves and will be the no.1 best-seller this week. I'm not at all surprised. It is well written, detailed and compelling, and of course interest in the 18 year old case is still running high.
The book is also given significant added credibility having the  foreword written by leading QC Julian Miles.
The publishers have kindly allowed me to reproduce his foreword here:

Foreword by Julian Miles QC
Trial by Ambush is a remarkable book. Essentially there are three themes running through it. The first is the exhaustive analysis of the evidence relied on by the Crown at both trials. Secondly, it is an exploration of how the police and the judicial system failed David Bain. Thirdly, it is a testament to Joe Karam’s tenacity, intelligence and determination to see justice prevail.
I have some personal knowledge of Joe’s approach to the investigation. In April 1997 Joe published his first book on the case, David and Goliath, in which he was highly critical of the evidence given by two police officers. As a consequence he and his publishers were sued by the officers for defamation. When Joe came to see me to defend the claim I was initially sceptical. However, I was impressed by the extent to which Joe had thought through all the issues that I raised and the detached and analytical way he presented his arguments.
There was a two-week hearing before a jury in the High Court in 2000. Joe gave evidence setting out the basis for his beliefs and why he considered that the views expressed in his book were correct. The jury believed him and threw out the claims.
I thought then, and still do, that this was an important decision for all of us. I suggested to the jury that the right to criticize the police was a fundamental right and an important safeguard in the democratic process. Over the next few years Joe and the defence team prepared a compelling dossier highlighting the systemic flaws in the police investigation and compelling new evidence indicating David’s innocence.
One of the principal themes running through this book is the failure of the New Zealand appellate system to provide David Bain with the protection that we are entitled to expect. The judgment delivered by the Court of Appeal in 2003 was deeply flawed and profoundly disappointing. Its failure to address the new evidence and arguments raised by the defence team inevitably raised issues about our judicial system being overly protective of the police and being reluctant to acknowledge the deeply flawed process that had led to a conviction that should have been overturned.
The Privy Council subsequently overturned the Court of Appeal decision. As the Privy Council rarely interfered with decisions involving criminal convictions, this was in itself highly unusual. However, the judgment analysed and rejected each of the grounds relied on by the Court of Appeal, concluding that a substantial miscarriage of justice had actually occurred.
Trial by Ambush takes us through the serious and systemic shortcomings in the police investigation and presentation of evidence at the first trial. As a consequence, an innocent man was convicted and spent 13 years in jail. This significant failure by the police was, in turn, endorsed by a compliant Police Complaints Authority.
Whether or not these failures were deliberate, they nevertheless demonstrate how such institutions can fail to meet their obligations to ensure a fair and dispassionate trial. If Joe’s curiosity had not been triggered by that story in the New Zealand Herald in 1996, David’s conviction would never have been overturned. So this is also the remarkable story of a man who became convinced of a major miscarriage of justice and was determined to ensure that justice would ultimately be done.
Julian Miles QC for Trial By Ambush by Joe Karam - Harper Collins. $44.99
Postscript.
I am not accepting anonymous comments about the book or subject. The several received so far, and instantly deleted, were unpleasant and probably libellous. If you feel strongly about this subject then have the courage to send in your comments under your name.

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