The Selfless Warriors Blog: 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.

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.

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.