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

 


Canadian judge to assess Bain’s claim for compensation

Hon Simon Power
Minister of Justice

16 November 2011 Media Statement

Canadian judge to assess Bain’s claim for compensation

A retired Canadian Supreme Court Judge has been appointed to assess David Bain’s claim for compensation for wrongful conviction and imprisonment, Justice Minister Simon Power announced today.

Mr Bain’s lawyers notified the Minister last year of his intention to claim compensation but have been seeking legal aid since. He is now proceeding without it.

“Due to the long-running and high-profile nature of the case, and after consultation with Mr Bain’s lawyers, it was decided a judge from outside New Zealand would be appointed,” Mr Power said.

Justice Ian Binnie has had a distinguished career and was chosen from a list of several senior judges. He was appointed a Queen’s Counsel (Ontario) in 1979 and served as the Canadian Associate Deputy Minister of Justice from 1982 to 1986. He has served on the Supreme Court of Canada for more than 13 years.

Mr Power noted that Canada has a compensation regime with similarities to New Zealand’s.

“Justice Binnie’s appointment is a significant step in attempting to resolve Mr Bain’s claim for compensation and a step towards achieving finality in this case.”

Mr Bain was convicted in 1995 of murdering five members of his family in Dunedin. In 2007 the Privy Council quashed his convictions on the grounds of a substantial miscarriage of justice and ordered a retrial. In June 2009 a jury found him not guilty. He had spent almost 13 years in prison.

Mr Bain’s lawyers wrote to Mr Power in March last year notifying him of a claim for compensation. Mr Power instructed officials to work with Mr Bain’s lawyers to devise a workable process for the assessment of his claim. However, this engagement was limited while Mr Bain focused on seeking legal aid. At the end of August this year, Mr Bain advised that he wanted to proceed with his claim without legal aid, allowing for decisions to be made about the appropriate process for assessing his claim.

Mr Power said Mr Bain’s claim for compensation falls outside existing Cabinet guidelines because he was acquitted following a retrial.

“However, there’s still a residual discretion to consider claims outside the guidelines in ‘extraordinary circumstances’ where it is in the interests of justice to do so, and Justice Binnie will assess Mr Bain’s claim under this residual discretion.

“The compensation framework requires claimants to prove their innocence, and at a minimum, under Cabinet guidelines, Mr Bain will need to establish his innocence on the balance of probabilities.

“But because his case falls outside the guidelines, something more is required that demonstrates that the circumstances are extraordinary, and Justice Binnie will decide the best process for assessing Mr Bain’s claim against this test.”

Mr Power said Justice Binnie is beginning work on the case before the end of the year.

Bain_timeline.pdf
Compensation_for_wrongful_imprisonment_1.pdf

ENDS

© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Digital Evolution: Scoop Independent News Launches "Operation Chrysalis"

From today Scoop is beginning a process of public consultation with the political, business and civil society groups it has served for the past 15 and a half years.

"It is hoped that in time - with new leadership and increased community engagement - the chrysalis will incubate a new kind of Scoop, one which can sustainably continue Scoop's Mission 'to be an agent of positive change'", says Scoop Founder, Editor and Publisher Alastair Thompson.

"As big publishing shrivels, public participation in contributing and spreading news has grown. Scoop has evolved with this wave by providing an independent platform, committed to upholding democracy, providing a voice to all, and providing the public easy access to information about decisions which affect them." More>>

 

Parliament Adjourns:

Greens: CAA Airport Door Report Conflicts With Brownlee’s Claims

The heavily redacted report into the incident shows conflicting versions of events as told by Gerry Brownlee and the Christchurch airport security staff. The report disputes Brownlee’s claim that he was allowed through, and states that he instead pushed his way through. More>>

ALSO:

TAIC: Final Report On Grounding Of MV Rena

Factors that directly contributed to the grounding included the crew:
- not following standard good practice for planning and executing the voyage
- not following standard good practice for navigation watchkeeping
- not following standard good practice when taking over control of the ship. More>>

ALSO:

Gordon Campbell:
On The Pakistan Schoolchildren Killings

The slaughter of the children in Pakistan is incomprehensibly awful. On the side, it has thrown a spotlight onto something that’s become a pop cultural meme. Fans of the Homeland TV series will be well aware of the collusion between sections of the Pakistan military/security establishment on one hand and sections of the Taliban of the other… More>>

ALSO:

Werewolf Satire:
The Politician’s Song

am a perfect picture of the modern politic-i-an:
I don’t precisely have a plan so much as an ambition;
‘Say what will sound most pleasant to the public’ is my main dictum:
And when in doubt attack someone who already is a victim More>>

ALSO:

Flight: Review Into Phillip Smith’s Escape Submitted To Government

The review follows an earlier operational review by the Department of Corrections and interim measures put in place by the Department shortly after prisoner Smith’s escape, and will inform the Government Inquiry currently underway. More>>

ALSO:

Intelligence: Inspector-General Accepts Apology For Leak Of Report

The Inspector-General of Intelligence and Security, Cheryl Gwyn, has accepted an unreserved apology from Hon Phil Goff MP for disclosing some of the contents of her recent Report into the Release of Information by the NZSIS in July and August 2011 to media prior to its publication. The Inspector-General will not take the matter any further. More>>

ALSO:

Drink: Alcohol Advertising Report Released

The report of the Ministerial Forum on Alcohol Advertising and Sponsorship has been released today, with Ministers noting that further work will be required on the feasibility and impact of the proposals. More>>

ALSO:

Other Report:

Leaked Cabinet Papers: Treasury Calls For Health Cuts

Leaked Cabinet papers that show that Government has been advised to cut the health budget by around $200 million is ringing alarm bells throughout the nursing and midwifery community. More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
Parliament
Search Scoop  
 
 
Powered by Vodafone
NZ independent news