Gordon Campbell | Parliament TV | Parliament Today | Video | Questions Of the Day | Search


Bain Matters Referred To Court Of Appeal

The Governor-General has deferred David Bain’s application for a pardon, and referred a number questions relating to his conviction to the Court of Appeal for its opinion, Minister of Justice Phil Goff announced today.

David Bain petitioned the Governor-General for exercise of the Royal prerogative of mercy in June 1998. Both the application and a number of supplementary submissions made by David Bain’s defence team have since been the subject of an investigation by the Ministry of Justice. The investigation included an independent peer review by a retired High Court Judge, the Hon. Sir Thomas Thorp.

“I have received advice from the Ministry and Sir Thomas Thorp on Mr Bain’s application for exercise of the Royal prerogative of mercy. Both the Ministry and Sir Thomas have concluded that there has not been a miscarriage of justice in Mr Bain’s case.” Mr Goff said.

“However, the Ministry’s investigation has shown that a number of errors may have occurred in the presentation of the Crown case against Mr Bain at trial. These possible errors have been highlighted by Mr Bain’s defence team, and have created a significant community concern about the safety of Mr Bain’s convictions.

“I have therefore advised the Governor-General to defer Mr Bain’s application for a pardon. I have advised him, before making a final decision on the application, to refer any errors that might have been established in the petition back to the Court of Appeal for an opinion on whether a different verdict might have been reached if the relevant aspects of the evidence presented at the trial had been accurate.

“Were there errors of such a significance that they may have had an effect on the jury’s verdict at trial, thus rendering the verdict unsafe?

“Once the Court has provided its opinion on this, a final decision on the application will be made by the Governor-General, on my advice.

“I must emphasise that my recommendation to the Governor-General is being made in the interests of certainty, finality and public confidence in the result. There are a number of unusual circumstances relating to David Bain’s application. The case against him at trial was entirely circumstantial. In circumstances such as these, the justice system needs to go the extra mile to determine whether David Bain’s convictions are safe. Obtaining a further opinion from the Court of Appeal will allow any possible errors in the Crown’s case to be considered openly and publicly.

“I do not propose to comment on the substance of the case as the matter is now before the Courts, and much of the material is subject to legal professional privilege. An Order in Council setting out matters to be referred to the Court for their opinion has been executed. The Court of Appeal will now decide how the case should proceed,” Mr Goff said.


© Scoop Media

Parliament Headlines | Politics Headlines | Regional Headlines

There Is A Field: Reimagining Biodiversity In Aotearoa

We are in a moment of existential peril, with interconnected climate and biodiversity crises converging on a global scale to drive most life on Earth to the brink of extinction. However, our current worldview and political paradigm renders us incapable of responding adequately due to its disconnected and divisive default settings.

These massive challenges can, however, be reframed as a once in a lifetime opportunity to fundamentally change how humanity relates to nature and to each other. Read on The Dig>>

The Dig: Scoop’s Engaged Journalism Platform Launches
The Scoop Ecosystem has grown bigger with the launch of The Dig - a new public interest, in-depth, Engaged Journalism platform. More>>


Unscoped Or Missed Damage: Resolution For Canterbury Owners Of On-Sold Homes

People with over-cap on-sold* properties in Canterbury can now apply for a Government payment so they can get on and repair their homes. More>>


Hamilton-Auckland: First Urban Growth Partnership Signed

New Zealand’s first urban growth partnership between the Government, local councils and mana whenua was signed at a meeting of mayors, chairs and ministers in Hampton Downs today. More>>


Vote On Action Next Week: Secondary Principals Walk From Negotiations

“Unfortunately we consider there is no further value in continuing negotiations at this point. The government has not been able to table an offer that will be acceptable to our members.” More>>

Patrol Car Stolen, Glocks Taken: Manhunt In Gore

The driver rammed the patrol car before fleeing on foot with Police chasing, also on foot. The man has then circled back around, stolen the patrol vehicle, which had the keys left in it, and rammed another Police car... Two Police-issued Glock pistols were stolen. More>>


"Shocking And Dangerous": Accused Mosque Shooter's Prison Letter Posted Online

The man accused of the Christchurch mosque attacks has sent seven letters from prison and had two others withheld, Corrections Minister Kelvin Davis says. Corrections has now blocked the accused gunman from sending or receiving mail... More>>


Standing On List Only: Paula Bennett To Run National’s Election Campaign

The National Party is pleased to announce the appointment of Paula Bennett as our Campaign Chair for the 2020 General Election, President Peter Goodfellow says. More>>

Waiver For State Care Inquiry: Historic Abuse Survivors 'Can Speak Freely'

Abuse in state care survivors can take part in the forthcoming Royal Commission proceedings without being bound by any confidentiality obligations to Crown agencies under their historic claim settlements, Minister of State Services Chris Hipkins said. More>>


Trail Trial: Sexual Violence Court Reduces Lead-Up Times And Trauma

An evaluation of New Zealand’s first sexual violence court has confirmed that the approach taken in the judge-led pilot considerably reduces the time that cases take to reach trial. More>>




InfoPages News Channels