BAIN AND BINNIE
The
report by retired Canadian Judge Binnie includes his interview with
David Bain.
The
interview is at
file:///C:/Documents%20and%20Settings/user1/My%20Documents/Downloads/06%20Appendices_Tab%20F%20to%20Tab%20J.pdf
I
would have asked many of the questions in a different way.
Some
of the questions are long and rambling.
Some
of the questions are compound questions.
Many
of the questions are leading.
In
many instances Binnie coached David as to how to respond.
For
example, many questions include the answers.
Many
times, Binnie cut David off when he started to reveal something.
Binne
creates an impression that he decided David was innocent before
interviewing him.
He
treats David with Kid gloves while giving police officers a hard
time.
The
conclusion is that Binnie colluded with David.
David's
answers vary from being clear, coherent and grammatically correct to
being rambling, incoherent
and
grammatically incorrect.
And
so on in the years leading up to '94 generally with - we would have,
we'd make an effort to get all our family members together at
Christmas time. Ah , at Christmas '88, when we first came back from
Papua New Guinea we spent that time with our relations in
Paraparaumu, north of Wellington and - but apart from that our
Christmases were spent in Dunedin together as a family all of us
would have been there even in '93 despite the fact that Laniet was
living away from home and had moved away from the family for her
whatever you - and because of the difficulties that she felt she was
having with ah, relating to my mother. Ah, she would still come back
-
Questions
not sensitive to David tend to be answered in this style.
Compare
this answer with:
I
have no idea. And I - in all honesty I couldn't say that I - the
expectation can, can change what you actually see and if I - I
expected the key to be there all the time.
So
if I lifted the jar and, I may not even have noticed that it had
gone.
Questions
sensitive to David tend to be answered in this style.
There
are some words and phrases that David used multiple times in the
interview that indicate possible deception
,
with statement analysis McLish's comments.
"I
have no idea".
Rarely
can a person honestly say, "I have no idea" or "I have
no clue." Most people have an idea on just about everything.
Some people will say, "I have no idea" and then immediately
offer a suggestion because they did have an idea. When people use
these phrases it is an indication they are withholding information.
"I
can't say "
Phrases
such as "can't say" or "cannot say" are sometimes
used to indicate the person does not know something. However, these
phrases indicate the person does have information but for some reason
cannot share it.
Saying, "I don't know" is a better denial.
Saying, "I don't know" is a better denial.
"in
all honesty"
There
are several words and phrases such as "honestly" and "I
swear to God" which indicate deception. In trying to convince
you he is telling the truth, a subject may use these words or phrases
as added emphasis.
"actually"
The
unique word "actually" adds emphasis but it also indicates
the person is comparing two thoughts. For example,
Q. "Did you go to Disney World last week?"
A. "Actually, I went two weeks ago."
In this answer, the person is comparing the statement "last week" with his answer of "two weeks." When the word "actually" is used and no statement has been proffered, you then have some undisclosed information.
Q. "What did you do last night?"
A. "Actually, I went to a party."
The word "actually" tells you the subject may have been thinking of something he wanted to do but instead chose to go to the party. It could also be he was thinking about something else that he did do and stating the he went to the party is a lie.
Look to see if you know what the person was comparing.
Q. "Did you go to Disney World last week?"
A. "Actually, I went two weeks ago."
In this answer, the person is comparing the statement "last week" with his answer of "two weeks." When the word "actually" is used and no statement has been proffered, you then have some undisclosed information.
Q. "What did you do last night?"
A. "Actually, I went to a party."
The word "actually" tells you the subject may have been thinking of something he wanted to do but instead chose to go to the party. It could also be he was thinking about something else that he did do and stating the he went to the party is a lie.
Look to see if you know what the person was comparing.
"even"
The
use of the word "even" indicates the person is making a
comparison. There is a contrast of ideas. You should try and
determine what the person was comparing.
"hmm"
Like
other interjections, it gives time to think.
The
Urban dictionary gives this definition
Something
somebody says when they are thinking about what you have just said.
They have an opinion.. but dont want to tell you what it is.
In
the context of being interviewed about homicide, hmm is a red flag.
The
following question was in response to leading questions about the
location of the spare key.
In
stead of a simple answer, David says...
I
have no idea. And I - in all honesty I couldn't say
that I - the expectation can, can
change what you actually see and if I - I
expected the key to be there all the time.
So
if I lifted the jar and, I may
not even have
noticed that it had gone.
The
question was sensitive to David.
If
is hypothetical. He does not say ever lifted the jar. Even
suggests he is comparing not noticed
that it had gone with noticed that it had gone.
Notice
the self censorship I couldn't say
that I – is not completed.
Blind
Freddy could see this answer was deceptive.
True
to his style, Binnie soon changes the subject instead of asking more
questions about the key.
Notice
the breakdown in grammar in the following statement.
And
so the - yeah, it was just the question in my mind. I was
confused, an element of panic not sure what was going on and needing
to find out because obvious a rifle walking around the
house is not a, you know, without, with only one light on there was -
concerned.
Um,
I went down towards my mother's room because well, she was awake and
I thought, oh , she, she' ll know what's going on or if it's all
okay, I carry on , if not, you know, get it locked up again and went
to my mother's, ah, to the curtains in my mother's room pushed it to
the side and saw her at that point.
a
rifle walking around the house is a most unusual phrase.
At
this point asking David what he meant by a rifle walking may have
been wise.
This
could be a result of dropped pronouns. I has been dropped before was
concerned.
Dropping
'I" can be a way of distancing oneself.
Notice
the shift from past tense to present tense.
There
are other times David makes statements that if truthfull, suggest
guilt.
Q.
It was said that she [family friend Joanna Dunn] would relate that
your mother, this is some 25 years earlier, had been concerned that
your father's mental state was such that he might get a gun and shoot
everybody. Does that anecdote ring a bell? Were you ever to hear such
a thing?
I
find it surprising that Binnie asks a question about a story that
happened before David was born.
It
doesn't ring a bell and I mean I'm surprised that anyone would say
that of my father because, I mean, contrary to, you know, how things
have proceeded through the trials and so on, I've respected my
father.
I
still do and the man that I knew, not the man that
committed these things, but the man that I knew,
would never have harmed his family. I mean that's a strong
statement to state, to say right now in this sort of a situation
knowing that, you know, my innocence, it depends on proving my
father actually did commit these crimes but I'm not
saying the man who committed these crimes was my father in the
mental state.
He
says "I've respected my father".
He
does not say 'I respected my father." There is a difference. It
sounds like he says he sometimes has respected his father and
sometimes he has not.
Notice
the change from father to man. There are no synomyms in statements. A
change in a noun is a change
in
reality. For example if a person uses the word car, then instead uses
the word vehicle to refer to the car, it can be an indication they
are being deceptive.
not
the man that committed these things
In
statement analysis nothing is taken for granted.
He
does not say who the man who committed these things is.
But
indicates what
follows is the most important part of the sentence, which is
the
man that I knew, would never have harmed his family.
He
later says I'm not saying the man who committed these
crimes was my father
The
role of the word actually is well explained here
http://www.blifaloo.com/info/actually-statement-analysis.php
He
qualifies this by adding "in the mental state". We do not
try and interpret what that means.
He
is telling us his father did not commit these crimes.
in
the mental state.is an unusual phrase. These require further
investigation.
you
know, my innocence, it depends ...
No
we don't know.
Notice
he says "my innocence, it depends" rather than "my
innocence depends".
This
suggests missing information and a disconnection which needs further
exploring.
There
is a difference between "my innocence" and "it".
"It" could be something else.
Q.
Would you - there's no compulsion to make a statement. I just want
the - you to be clear that the opportunity is there should you wish
to say something.
The
only thing I can reiterate is that these five members of my
family were my life. They were part of who I was. We were extremely
close. We all loved each other dearly. The last thing that I could
possibly have done is to
take their lives. I find it difficult hurting an animal, but
to take a person's life, let alone my own family's life
is unimaginable and not only have I served 13 years in prison for
doing this, I've also served the so-called sentence of being
labelled a convicted killer and a murderer and you know, a monster,
and being told on a daily basis that I'm a psychopath and I was
psychotic and all these various, horrible, you know, psychiatric
issues and all this ... I've had all of this to deal with and so the
pain and the anguish that I have felt has been, you know, from the
original mourning has been compounded time and time again. I want
to assure you that the last thing I could have done if we
strip away all those immaterial aspects of things and all the names
I've been called, the last thing that I should be called is a
murderer 'cos I did not
kill
my family.
The
phrase The only thing is
not needed. What are other things he was thinking about that he
doesn't tell us?
One
commentator said "take" is usually in the context of taking
your own life and using it to describe murder
is
suspicious. Lundy used the word "take."
"You
know" is used 3 times in this answer.
The
last thing that I could possibly have done is to take their
lives.
A
short sentence is the best sentence. The word possibly is not needed.
Why is it there?
"I
find it difficult hurting an animal". This is a strange
remark. He says he has hurt animals despite it being
difficult.
Notice
the unusual phrase " my
own family's life" as
though his family was one person.
"
I served 13 years in prison for doing this". In statement
analysis there are no verbal slips.
A
person means what they say. David says he served 13 years in prison
for doing this.
This
is a confession.
"I
want to assure you" David is asking to be believed. This
weakens the rest of the sentence.
This
type of phrase is common in deceptive statements.
the
last thing I could have done He
starts to say what the
last thing he could have done is but never says it.
He
changes it to the last thing I should be called.
He
says I should be called is a murderer. This is prefixed by "the
last thing" which seemingly contradicts it.
Hr
makes a denial at the end of the statement. The denial is
considerably weakened by being
part
of a long rambling sentence. The denial would be stronger if it was
at the start of the distance.
The
contraction of because to cos is interesting.
Unfortunately
Binnie did not question him any further.
