Legendary ex-rugby hero Joe Karam (New Zealand): 'Selfless Warrior' for David Bain (convicted of murdering five members of his family) who tenaciously took on police, prosecutors and a bloodthirsty public in a battle that lasted some 15 years, and, as with Judge Kumamoto Norimichi, 'Selfless Warrior' to Iwao Hakamada, subject of our first post, all at huge personal and financial cost.

THE CRIME: 

It was a horrible, unthinkable crime.

As the publication ‘Crime Zone’ reported: ""On June 20 1994 horrified New Zealanders awoke to the news of the Bain family murders. Five people had been shot as they lay sleeping at 65 Every Street, Andersons Bay, Dunedin. The news bulletins said one family member had survived and as yet, no one had been charged. From the outset there was strong speculation that the father Robin Bain had killed his family, then himself, sparing only eldest son David, but four days later, New Zealand got its second big shock that week, when police arrested 22-year-old David Bain, and charged him with killing his family.”

Not surprisingly, most people  who read the headlines wondered what kind of monster would do such an act, and later on, what kind of man  would go to David Bain’s  defence,  proclaim to the world that Bain was innocent, and help identify the real  killer.

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THE SELFLESS WARRIOR:

That man was Joe Karam, one of the most unlikely ’Selfless Warriors’ one could expect to find - - a colourful, controversial, talented  rugby player of considerable renown. (He has been referred to as Joe Karam: freedom Fighter.)

Joe Karam has often told the story of how his life changed dramatically one day when, according to a Wikipedia entry he  came across an article in The New Zealand Herald,  about "an old music teacher and a bunch of young, long-haired university students" trying to raise money for Bain's appeal by selling jam.”

As far as I can piece this together, while most people would have turned the page and moved to another story, or perhaps  to the comics, Joe Karam was intrigued by what he read,  to the extent that he actually visited these people, gave them some money, did some research - and was left with the feeling that something was wrong with the case.

Acting on that 'feeling,' Joe Karam got drawn deeper and deeper into the case,  meeting with Bain’s lawyer and then visiting Bain in prison in Christchurch, in what has been described as the first of at least 200 visits - and  the  more Karem  immersed himself in the case, the more became convinced that the  real Killer was Robin Bain who had massacred his family and then killed himself.

In short, that  it was a murder-suicide.

Joe Karam was now hooked, and launched on an almost-15-year journey in which Bain’s lawyers ultimately convinced the British Privy Counsel that this is exactly what had happened - and following a retrial,  David Bain was declared not guilty.

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EXTRAORDINARY SUPPORT: 

There was scarcely any  visible limit to the support that Joe Karam provided to  David Bain.  In addition to  providing crippling financial resources  for the multiple trials and appeals, Karam investigated  the facts of the case like a seasoned private eye, searched high and wide for witnesses, studied the law so he could appreciate the legal issues in the case (he was even regarded as  an honorary member of the defence team), and was even involved in the search for up-to-date DNA technology that might, through science, prove that Bain was innocent.

Joe Karam also helped Bain on a human level, as when he reportedly  took him into his home for several   months after the charges had been quashed,  pending the new trial on which Bain was found not guilty on all charges.

In addition to all this, Karam also wrote four books, based on his extensive research on the case, beginning with the aptly named ‘David and Goliath: The Bain family murders” published in 1997. The book, which resulted in an unsuccessful defamation  suit by two police officers, understandably   created a media furore.

As a Wikipedia entry summed it up the extraordinary support that Karam provided to David Bain: "Karam spent a huge amount of money in fighting both for exoneration and compensation for David Bain over about 15 years.  He even put together the legal team which travelled to London and received a ruling that there was considerable doubt that Bain would have been convicted if evidence discovered post-trial had been put to the jury. When he was ultimately exonerated Bain thanked his supporters, particularly Karam. "Without Joe and his solid strength ... I wouldn't have made it through this far.”

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THE COST: 

One of this ’Selfless Warrior's  hallmarks was a staunch 'perseverance' over the 15 year period - in spite of the huge  intrusion his defence of David Bain made  into his life, the personal attacks it exposed him to from  police, media, and members of the public who were horrified that he would dare go to bat for this obviously guilty ‘evil’ man  - and the all-too common setbacks which one can run into in far less complex, lower profile cases. However in  1996 when he began looking at the case, he "very naively believed all I would do was take my concerns to the authorities who would take over from there. Unbelievably, they didn't - they thought I was the enemy.” This, however, was one enemy who had the strength of character, the stamina, brilliance and stamina, to fight back, and win.

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COMMENTARY: Joe Karam was a classic ’Selfless Warrior.’ He never set out in life to save someone from being wrongfully convicted of a crime. He just picked up a newspaper one day,  for some reason was troubled by what he read, and found himself propelled by some inner sense  to learn some more - and eventually, in a sense,  gave up fifteen years of his life which could have been spent in much more pleasant ways, in order to secure justice for an utter stranger charged with the most serious of crimes. Life can be  truly fickle! I keep asking myself what would have happened  if, on that day back in 1996, Joe Karam, this ’Selfless Warrior’  had not picked up that issue of the New Zealand Herald, had somehow passed by the story, or.  like most other people would have  simply gone on to the next page, or perhaps turned to the comics. I would imagine that David Bain has wondered that too.

Joe Karam  truly is a 'Selfless Warrior:

Harold Levy: Publisher: The 'Selfless Warrior Blog.

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ACKNOWLEDGMENT: Although I have singled out Joe Karam as a ’Selfless Warrior’ - for reasons which must be obvious by now, I must acknowledge that David Bain did have strong support from a team of supporters over the years,  too numerous to name here.  However, one supporter who must be mentioned is the late Rubin Hurricane Carter, the American boxer who spent 19 years in jail for a triple murder before clearing his name and later becoming a powerful advocate for the wrongly accused.  Reportedly,  Carter whose case was championed in a Bob Dylan song and a Hollywood movie, spent two hours with Bain in Paparua Prison, outside Christchurch, in 2001 and emerged declaring: "David Bain is an innocent person and we're going to get him out of this prison so he can go on with life.” I have mentioned Rubin Carter in  the first post of this  new Blog, as he went to bat for a former boxer named Iwao Hakamada, who had the good fortune of being assisted by my first ’Selfless Warrior, ex-judge  Kumamoto Norimichi, the judge who sentenced him to death almost 50 years ago. Ironically, Rubin Carter is at the heart of  my the next  post - as is his 'Selfless Warrior.  Stay tuned! HL.

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CHRONOLOGY: (Thanks to the New Zealand Government):

• 20 June 1994 - Five members of Bain family found shot dead at 65 Every Street, Dunedin.
• 24 June 1994 - David Bain charged with murdering five members of his family.
• 29 May 1995 - David Bain convicted on five counts of murder following an 18 day trial at Dunedin High Court.
• 21 June 1995 - David Bain sentenced on each charge to life imprisonment with a minimum period of 16 years.
• 19 December 1995 - Appeal against conviction, based on exclusion of Dean Cottle's evidence, dismissed by Court of Appeal.
• 29 April 1996 - Petition for leave to appeal to the Privy Council dismissed.
• April 1997 - Joe Karam publishes David and Goliath, criticising aspects of the investigation and prosecution of David Bain.
• May 1997 - Joint investigation by Police Complaints Authority and the Police into allegations put forward in David and Goliath commences.
• November 1997 - Release of Joint Review by the Police and Police Complaints Authority. Report concludes that the wide ranging attack on the integrity and competence of the investigation by Mr Karam was unjustified.
• 15 June 1998 - David Bain applies for the exercise of the Royal prerogative of mercy.
• June 2000 - Mr Karam successfully defends a defamation claim filed by Detectives Weir and Anderson.
• 18 December 2000 - The Governor-General, acting on the advice of Minister of Justice, refers certain questions arising from Mr Bain's application for the Royal prerogative of mercy to the Court of Appeal.
• 17 December 2002 - Court of Appeal delivers its opinion, concluding that the fresh evidence when viewed collectively gave rise to a sufficient possibility of a miscarriage of justice to warrant a full reconsideration of the case by the Court of Appeal.
• 24 February 2003 - Governor-General refers Mr Bain's case for full reconsideration by the Court of Appeal.
• 15 December 2003 - Court of Appeal dismisses appeal, concluding that three key points of evidence, taken together, would have led any reasonable jury to have found the case against Mr Bain proven beyond reasonable doubt.
• 10 May 2007 - Privy Council concludes that a substantial miscarriage of justice had occurred. The Privy Council quashed Mr Bain's convictions and ordered a retrial.
• 15 May 2007 - David Bain released on bail by the Christchurch High Court pending retrial.
• 21 June 2007 - Solicitor-General announces that David Bain will be retried.
• 5 June 2009 - David Bain acquitted on all five counts of murder following a trial lasting three months.

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NEXT MONDAY:  Monday, September 7:  Rubin  Carter is at the heart of  my the next  post - as is his 'Selfless Warrior'.  Stay tuned! HL.

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READING MATERIALS: Lastly for now: Two great  insightful reads!

'Joe Karam: Freedom Fighter' (New Zealand Herald) at:

https://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10482433

 'Paul Holmes':  'Bain Case was Karam's 'magnificent obsession (New Zealand Herald) at:

https://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10576973

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Ex-Judge Kumamoto Norimichi: Selfless Warrior for former boxer Iwao Hakamada. (Japan): Although a dissenter, he was head of the panel of three judges who sentenced Hakamada to death in 1968, has been haunted by the decision ever since, and has been fighting to free him, at enormous personal cost.

Words of wisdom from Winnipeg Free Press scribe Dan Lett: "When someone claims innocence in the court of public opinion, most citizens tend to wrap themselves in a cocoon of comforting disbelief. We do so because it’s easier to disbelieve someone’s incredible claims of innocence than to accept the justice system, the thing supposed to be our buffer between order and anarchy, could make such a horrible mistake." The ’Selfless Warriors’  Blog is dedicated  to those exceptional  individuals who looked deeply into the eyes  of people claiming innocence rather than wrapping themselves in cocoons of  comfortable belief and were compelled by forces within themselves to fight to remedy the injustice, in spite of the havoc it might wreak in their lives. I suspect these people would not regard themselves as 'Selfless Warriors' as I regard  them. They are  inexplicably driven in their quest for justice - a role they never sought. I  will pay tribute in weekly posts  to 16 'Selfless Warriors’ from Japan, New Zealand, Canada, the United  States and other jurisdictions around the world.  However, these 16 are most likely the tip of the iceberg. Readers should  draw my attention to other ‘Selfless Warriors’ they are  aware of  by way of comment on the site, or by way of private email at hlevy15@gmail.com. Use 'follow by email' to automatically receive this Blog every week. Be well!

Harold Levy: Publisher: The Selfless Warrior Blog. 

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Who would ever believe that Norimichi Kumamoto,  who headed the three judge panel that  convicted  a professional boxer named Iwao Hakamada of murder and sentenced him to death, would become obsessed with exonerating him and saving his life  - to the extent of taking the  rare step for an ex-judge of filing a petition in the courts -  and having his own life destroyed in the process? (Sentenced to death in 1968 Hakamada is still alive - pending a decision as to whether he should be retried - thanks to the incredible efforts of his 'Selfless Warrior' ex-judge Kumamato,  and so many other supporters.) Iwao  Hakamada has the unenviable distinction of being listed by The Guinness Book of Records as the world's longest serving death row prisoner.  An  accompanying note reads:  "Iwao Hakamada (Japan, b. 10 March 1936) had been on death row in Japan for 45 years when he was freed in March 2014, following suggestions that police investigators may have fabricated the evidence upon which he was convicted. That makes him the world’s longest serving death row prisoner. A former professional boxer, Hakamada was convicted in 1968 of having murdered a family in Shizuoka Prefecture in 1966. The conviction was based partially on blood stains, believed to be Hakamada’s, found on clothing – however, in 2008, DNA testing proved that the blood was not his. Death row prisoners in Japan can be executed at just a few hours’ notice – meaning that during his captivity, much of which was spent in solitary confinement, Hakamada would have awoken every day not knowing whether it would be his last."

https://www.guinnessworldrecords.com/world-records/65679-longest-time-on-death-row

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And who could imagine a person who would have a greater need for a 'Selfless Warrior' than Iwao Hakamada - on death row for the brutal murder of a family for commercial gain - as a result of a slew of confessions to the police?

However, as the Anti-death penalty Asia Network pointed out in a case study, Iwao Hakamada was a victim of inhuman  confinement, police brutality and oppressive interrogation  of the sort that could make most people confess to any crime.

"Following his arrest, police subjected Hakamada to 23 days of intensive interrogation from 18 August to 9 September 1966. He was interrogated without a break for an average of 12 hours a day; on three occasions he was interrogated for over 14 hours. He confessed after 20 days, was interrogated for another three days and then charged. During this period he signed a series of documents purportedly confessing to the crime. Hakamada later signed more confessions, this time prepared by the Public Prosecutor. 

Hakamada retracted these statements at his trial, claiming that while he was detained he had been denied food and water, was not allowed to use a toilet, and was kicked and punched. In a letter to his sister he wrote: “…one of the interrogators put my thumb onto an ink-pad, drew it to the written confession record and ordered me, ‘write your name here!’, shouting at me, kicking me and wrenching my arm.” Hakamada had had only three short interviews with different defence lawyers prior to trial. 

During his trial by the Shizuoka District Court in 1968, there were numerous inconsistencies in the evidence. Judges raised concerns that purported confessions presented by the Prosecution with Hakamada’s signature were not signed voluntarily. Of these 45 documents, only one was deemed to have been signed voluntarily and the remainder were declared to be inadmissible as evidence. 

“I could not convince the other two judges that Hakamada was not guilty so I had to convict him as the decision was made by majority. Personally the fact that I had to write his judgement was against my conscience, something I still think about to this day.” Kumamoto Norimichi, Shizuoka District Court judge, 2007."

Iwao Hakamada was convicted and sentenced to death, and the conviction and sentence were upheld by the Supreme Court in 1980.

https://adpan.org/japan-case-study-hakamada-iwao

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Kumamoto's  internal struggle over ordering the death of an innocent man was beautifully captured by an anonymous reporter for the U.C.A, News, headed, "The  Japanese Judge and the Boxer he condemned to death", published on May 2. 2017 and bearing the sub-heading "After issuing sentences Norimichi Kumamoto became a prisoner of his own conscience."

"Four members of a family were killed in a murder-robbery-arson in Shizuoka City on June 30, 1966, the case study began.

 "Several months later, a former professional boxer, Iwao Hakamada, was arrested and tried," it continued. 

"Found guilty, he was given the death sentence. Due to reservations over his conviction and public pressure in the form of petitions for retrial, the sentence was never carried out. For the 46-years Hakamada was held on death row he was held in solitary confinement. While imprisoned, Hakamada was baptized as a Catholic in 1984. After nearly a half-century on death row, his execution and detention were suspended on March 27, 2014, and a retrial ordered. The court decided there was reason to think that evidence against him had been fabricated. Since his release from jail in 2014, he has lived with his elder sister. The now 81-year-old Hakamada's mind and body have deteriorated.   Hakamada is not the only one whose whole life was upended by this case. Norimichi Kumamoto, 79, a former judge of the Shizuoka District Court, has suffered pangs of conscience.  At the time of the trial, Kumamoto, who was the chief of the three-judge tribunal that heard the case, was convinced of Hakamada's innocence. However, he was not able to convince the other two judges and, as head of the panel, had to write the death sentence himself. He could not forget Hakamada's face as the sentence was handed down. Since then, the judge has never had a day when he does not remember "that day." In 2007, after a silence of 39 years, Kumamoto broke the rule that trial judges must keep their deliberations secret. He petitioned for Hakamada's retrial adding his voice to those calling for the same.  

"I could not bear my tortured conscience and so I quit my judgeship the following year [in 1969],” Kumamoto wrote in his petition. “Of course, I understand that I must keep the secrets of the tribunal. But I have been losing my physical and mental strength. I thought that it would be my last chance to bring about the retrial of Hakamada.”

In February 2017, a documentary film In the World of My Dreams describing Hakamada's life since his release was shown at a Gospel and peace gathering sponsored by the Fukuoka Diocese. Kumamoto was there in a wheelchair. The former judge suffers from the effects of a stroke, Parkinson's disease, cancer, Alzheimer's, and speech disorders. He can express himself only by saying easy words and crying. Despite that, Kumamoto shouted "Iwao!" three times towards the screen. Guilt and redemption: Kumamoto passed the judge's exam after graduating from law school and was well-known as a human rights judge. However, when he was 30-years-old, he wrote Hakamada's death sentence with tears in his eyes. So, he quit his judgeship and became a lawyer. He also lectured at a college. But Kumamoto's life began to fall apart. He drank to assuage his feelings of guilt. Eventually, he separated from his wife and children and lost his reputation and wealth. He became both mentally and physically ill. He wandered through the country looking for a place to die and tried suicide many times. He even went to a fjord in Norway, intending to kill himself there. In 1995, his license to practice law was revoked. Fortunately, Kumamoto, who was nearly homeless, was helped by Kazuko Shimauchi, an innkeeper, in 2006 in Fukuoka Prefecture. "He was absent-minded both in the house and parks and always hoped to die," said Shimauchi, who continues to help care for Kumamoto who now lives at a nursing home in Fukuoka. "He tried to throw himself into the sea. One day, he jumped into the path of a train and came home covered with blood. I guess his wish to die continued." Sachie Momma, a Catholic social activist who has supported Hakamada for years, said, "Kumamoto wanted to apologize to Hakamada and went to the Tokyo detention center many times but only family members can visit prisoners on death row. Kumamoto was baptized as a Catholic in 2014. "Kumamoto desired baptism because he wanted to approach even a little the thinking of Hakamada who was baptized in prison," Momma said. "I have never seen deep repentance like this," she added. When Hakamada's retrial was decided, Kumamoto, who saw the news on television, raised his hands in delight. Momma called Kumamoto from the front of the Shizuoka District Court on March 27, 2014, that decided Hakamada’s retrial. When she phoned, him she heard him crying until he said with a dignified voice befitting a judge, "We've only gotten started." Hakamada's retrial has yet to be held."

The entire article can be read at:

 https://www.ucanews.com/news/the-japanese-judge-and-the-boxer-he-condemned-to-death/79017

COMMENTARY: Iwao Hakamada, who has been labelled Japan's Rubin 'Hurricane' Carter,  has had wide-spread support  around the world for decades,  including a loving sister, the sadly late Carter himself, fellow  boxers and their sporting organisations,  religious groups, Amnesty International and many other individuals  and organisations who are committed to seeing him exonerated. The pressure on him must be so enormous - given the fact that he still faces the Death Penalty - even though he is currently permitted to remain out of prison. Noromichi Kumamoto played a heroic role in his quest to free Iwao Hakamada   - the man he sentenced to death - for which he has  paid a terrible price. He truly is  a 'Selfless Warrior.' 

Harold Levy: Publisher: The Selfless Warrior Blog.

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Next Monday: another sports connection:  Ex-boxer Joe Karam: Selfless Warrior for David Bain (New Zealand)  who,  like Iwao  Hakamada was also wrongly convicted of murdering a family.  Sign 'Follow by email' to have the posts delivered weekly to your inbox. HL.