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


Goff releases reports into Bain case

Hon Phil Goff
Minister of Justice
Media Statement

22 December 2003

Goff releases reports into Bain case

Justice Minister Phil Goff today released the Ministry of Justice's report and Sir Thomas Thorp's review of the David Bain case.

Both reports independently concluded that there had not been a miscarriage of justice in the case. The Ministry report noted, however, that there might have been some errors in the presentation of the evidence at the original trial.

The reports had been withheld pending the Court of Appeal's consideration of the case. Last week the Court dismissed the appeal, saying "we have not been persuaded that there has been a miscarriage of justice on the ground of further evidence or any other ground".

“David Bain petitioned the Governor General for the exercise of the royal prerogative of mercy in June 1998," Mr Goff said.

“Given the level of public concern; the possible errors, and the circumstantial nature of the case, I advised the Governor-General to seek an opinion from the Court of Appeal about certain aspects.

“This was an unusual step, but I wanted to ensure certainty in the outcome of the case, and to reinforce public confidence in the justice system.

“The Court of Appeal expressed the opinion that the case warranted a full reconsideration, and on that basis I advised the Governor-General to refer the case back to the Court for a full appeal.

“It is clear that the case has been thoroughly examined.

"The Ministry of Justice, Sir Thomas Thorp and the Court of Appeal have all independently reached the conclusion that David Bain’s convictions are safe.

"The process has been rigorous and the public can have confidence that justice has been done," Mr Goff said.


All Phil Goff’s media releases and speeches are posted at

© Scoop Media

Parliament Headlines | Politics Headlines | Regional Headlines

Supreme Court: Worksafe Decision On Whittall Pike River Prosecution Unlawful

The question in issue on the appeal was whether WorkSafe New Zealand acted to give effect to an unlawful agreement of this nature when it offered no evidence on charges against Peter William Whittall for breaches of the Health and Safety in Employment Act 1992...

The Supreme Court... has found that the decision to offer no evidence was made under an unlawful agreement to stifle prosecution. It has granted a declaration to that effect. More>>


Cullen To Chair: Tax Working Group Terms Of Reference Announced

Finance Minister Grant Robertson and Revenue Minister Stuart Nash today announced the Terms of Reference for the Tax Working Group and that the Group will be chaired by Sir Michael Cullen. More>>


Gordon Campbell: On The New Pike River Agency (And The Air Strike Wing)

Much of the sympathy the public still feels for the families of the Pike River miners has been sustained by the sense that the previous government – let alone the mining company and the processes of receivership and litigation – has never dealt honestly, or fairly, with them. More>>


Not Going Swimmingly: Contractor Cut, New Dates For Christchurch Sports Centre

“As an incoming Minister, I have been conducting a thorough review of progress on the Anchor projects and to learn of a $75 million budget blowout on this project was very disappointing..." More>>


Tertiary: Allowances, Loan Living Costs To Get Boost

“From 1 January, student allowance base rates and the maximum amount students can borrow for living costs will rise by a net $50 a week,” says Education Minister Chris Hipkins... further adjusted from 1 April 2018 in line with any increase in the CPI. More>>


Foreign Affairs: Patrick Gower Interviews Jacinda Ardern

Prime Minister Jacinda Ardern says discussions have already begun on how to bring climate change refugees into New Zealand under a Pacific seasonal employment plan... More>>


Gordon Campbell: On The Centre Right’s Love Of ‘Nanny State’

You’d almost think it was 2005 again. That was a time when the rugged individualists of the centre-right were being beset by government regulations on the nature of light-bulbs, the size of shower heads, the junk food available at school tuck shops and other such essentials... More>>




Featured InfoPages

Opening the Election