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. Essentiallythere are three themes running through it. The first is the exhaustive analysisof the evidence relied on by the Crown at both trials. Secondly, it is anexploration of how the police and the judicial system failed David Bain.Thirdly, it is a testament to Joe Karam’s tenacity, intelligence anddetermination to see justice prevail.
I have some personal knowledge of Joe’s approach to theinvestigation. In April 1997 Joe published his first book on the case, Davidand Goliath, in which he was highly critical of the evidence given by twopolice officers. As a consequence he and his publishers were sued by theofficers for defamation. When Joe came to see me to defend the claim I wasinitially sceptical. However, I was impressed by the extent to which Joe hadthought through all the issues that I raised and the detached and analyticalway he presented his arguments.
There was a two-week hearing before a jury in the High Courtin 2000. Joe gave evidence setting out the basis for his beliefs and why heconsidered that the views expressed in his book were correct. The jury believedhim and threw out the claims.
I thought then, and still do, that this was an importantdecision for all of us. I suggested to the jury that the right to criticize thepolice was a fundamental right and an important safeguard in the democraticprocess. Over the next few years Joe and the defence team prepared a compellingdossier highlighting the systemic flaws in the police investigation and compellingnew evidence indicating David’s innocence.
One of the principal themes running through this book is thefailure of the New Zealand appellate system to provide David Bain with theprotection that we are entitled to expect. The judgment delivered by the Courtof Appeal in 2003 was deeply flawed and profoundly disappointing. Its failureto address the new evidence and arguments raised by the defence team inevitablyraised issues about our judicial system being overly protective of the policeand being reluctant to acknowledge the deeply flawed process that had led to a convictionthat should have been overturned.
The Privy Council subsequently overturned the Court ofAppeal decision. As the Privy Council rarely interfered with decisionsinvolving criminal convictions, this was in itself highly unusual. However, thejudgment analysed and rejected each of the grounds relied on by the Court ofAppeal, concluding that a substantial miscarriage of justice had actuallyoccurred.
Trial by Ambush takes us through the serious andsystemic shortcomings in the police investigation and presentation of evidenceat the first trial. As a consequence, an innocent man was convicted and spent13 years in jail. This significant failure by the police was, in turn, endorsedby a compliant Police Complaints Authority.
Whether or not these failures were deliberate, theynevertheless demonstrate how such institutions can fail to meet theirobligations to ensure a fair and dispassionate trial. If Joe’s curiosity hadnot been triggered by that story in the New Zealand Herald in1996, David’s conviction would never have been overturned. So this is also theremarkable story of a man who became convinced of a major miscarriage ofjustice and was determined to ensure that justice would ultimately be done.
Julian Miles QC for TrialBy 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.
Tidak ada komentar:
Posting Komentar