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. Essentially
there are three themes running through it. The first is the exhaustive analysis
of the evidence relied on by the Crown at both trials. Secondly, it is an
exploration of how the police and the judicial system failed David Bain.
Thirdly, it is a testament to Joe Karam’s tenacity, intelligence and
determination to see justice prevail.
I have some personal knowledge of Joe’s approach to the
investigation. In April 1997 Joe published his first book on the case, David
and Goliath, in which he was highly critical of the evidence given by two
police officers. As a consequence he and his publishers were sued by the
officers for defamation. When Joe came to see me to defend the claim I was
initially sceptical. However, I was impressed by the extent to which Joe had
thought through all the issues that I raised and the detached and analytical
way he presented his arguments.
There was a two-week hearing before a jury in the High Court
in 2000. Joe gave evidence setting out the basis for his beliefs and why he
considered that the views expressed in his book were correct. The jury believed
him and threw out the claims.
I thought then, and still do, that this was an important
decision for all of us. I suggested to the jury that the right to criticize the
police was a fundamental right and an important safeguard in the democratic
process. Over the next few years Joe and the defence team prepared a compelling
dossier highlighting the systemic flaws in the police investigation and compelling
new evidence indicating David’s innocence.
One of the principal themes running through this book is the
failure of the New Zealand appellate system to provide David Bain with the
protection that we are entitled to expect. The judgment delivered by the Court
of Appeal in 2003 was deeply flawed and profoundly disappointing. Its failure
to address the new evidence and arguments raised by the defence team inevitably
raised issues about our judicial system being overly protective of the police
and being reluctant to acknowledge the deeply flawed process that had led to a conviction
that should have been overturned.
The Privy Council subsequently overturned the Court of
Appeal decision. As the Privy Council rarely interfered with decisions
involving criminal convictions, this was in itself highly unusual. However, the
judgment analysed and rejected each of the grounds relied on by the Court of
Appeal, concluding that a substantial miscarriage of justice had actually
occurred.
Trial by Ambush takes us through the serious and
systemic shortcomings in the police investigation and presentation of evidence
at the first trial. As a consequence, an innocent man was convicted and spent
13 years in jail. This significant failure by the police was, in turn, endorsed
by a compliant Police Complaints Authority.
Whether or not these failures were deliberate, they
nevertheless demonstrate how such institutions can fail to meet their
obligations to ensure a fair and dispassionate trial. If Joe’s curiosity had
not been triggered by that story in the New Zealand Herald in
1996, David’s conviction would never have been overturned. So this is also the
remarkable story of a man who became convinced of a major miscarriage of
justice and was determined to ensure that justice would ultimately be done.
Julian Miles QC for Trial
By 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.
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