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.

"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.

"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.