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

AMA: Scoop's 'Invisible Paywall'

Operation Chrysalis: The Final Countdown - Thanks & There's Still Time To Pledge

Phew! We are now counting down the hours to the end of this crowd-funding campaign at 11pm on Sunday. Thankyou to all those Scoop readers and supporters who have pledged already. You have been awesome. But this is not over yet. More>>

 
 

PARLIAMENT TODAY:

IPCA Reports: Significant Problems In Police Custody

In releasing two reports today, the Independent Police Conduct Authority has highlighted a number of significant problems with the way in which Police deal with people who are detained in Police cells. More>>

ALSO:

Inspector-General of Intelligence and Security: Inquiry Into GCSB Pacific Allegations

The complaints follow recent public allegations about GCSB activities. The complaints, and these public allegations, raise wider questions regarding the collection, retention and sharing of communications data. More>>

ALSO:

TPPA Investment Leak: "NZ Surrender To US" On Corporates Suing Governments

Professor Jane Kelsey: ‘As anticipated, the deal gives foreign investors from the TPPA countries special rights, and the power to sue the government in private offshore tribunals for massive damages if new laws, or even court decisions, significantly affected their bottom line’. More>>

ALSO:

Werewolf: The Myth Of Steven Joyce

Gordon Campbell: The myth of competence that’s been woven around Steven Joyce – the Key government’s “Minister of Everything” and “Mr Fixit” – has been disseminated from high-rises to hamlets, across the country... More>>

ALSO:

RMTU: No Public Submissions On International Government Procurement Deal

“The government is preparing to assent to the Government Procurement Agreement, a World Trade Organisation Treaty which opens up New Zealand Government contracts to foreign companies and closes the door on local businesses and their workers. However the Foreign Affairs, Defence and Trade Select Committee is refusing to take public submissions on the decision.” More>>

ALSO:

Gordon Campbell:
On Pacific Spying

So New Zealand spied on its friends and allies in the Pacific – and has not only been passing on the results to the NSA, but has apparently passed on the details of the Pacific’s relations with Taiwan to our other best friends, the Chinese. On the side, the Key government has also been using the security services to gauge the chances of Trade Minister Tim Groser landing the top job at the WTO... More>>

ALSO:

State Housing Transfer: Salvation Army Opts Out

The Salvation Army has decided against negotiating with Government for the transfer of Housing New Zealand stock.
More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
Parliament
Search Scoop  
 
 
Powered by Vodafone
NZ independent news