David Bain appendices tabs A to E [pdf, 1.6 MB]
...must, in my view, be relevant. A motive for Robin Bain is certainly relevant to the primary issue in the case. If sufficient relevance were the only test then I would be inclined to admit the evidence despite its remoteness in time and questionable probative value." But the judge regarded the reliability of the evidence as the real stumbling block. He was unable to conclude that it would be reasonably safe to admit the evidence or to conclude that the evidence would have sufficien...