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

Anzac Issue Out Now: Werewolf 47

Hi and welcome to the 47th edition of Werewolf, published on the eve of Anzac Day. Its become a cliché to describe Gallipolli as the crucible of this country’s identity, yet hold on... Isn’t our national identity supposed to be bi-cultural... and wouldn’t that suggest that the New Zealand Wars of the 19th century is a more important crucible of national identity than those fought on foreign soil?

Yet as Alison McCulloch eloquently reveals in this month’s cover story, New Zealand devotes a mere fraction of its attention span and funding resources to commemorating the New Zealand Wars compared to what it devotes to the two world wars, Vietnam and Afghanistan... More>>

 

Parliament Today:

Spookwatch: New Inspector-General Of Intelligence And Security Appointed

Prime Minister John Key hasannounced the appointment of Cheryl Gwyn as Inspector-General of Intelligence and Security. The appointment was made by the Administrator of the Government on behalf of the Governor General and is for a term of three years. More>>

Crowdsourcing: Green Party Launches Internet Rights And Freedoms Bill

The Green Party has today launched the Internet Rights and Freedoms Bill, New Zealand’s first ever Bill crowdsourced by a political party. More>>

ALSO:

Gordon Campbell: On The Shane Jones Departure

Shane Jones has left Parliament in the manner to which we have become accustomed, with self interest coming in first and second, and with the interests of the Labour Party (under whose banner he served) way, way back down the track. More>>

COMMENT:

Multimedia: PM Post-Cabinet Press Conference - April 22 2014

The Prime Minister met with reporters to discuss: • The recent improvement in the economy with a growing job market • Income and wealth inequality • Easter trading laws • The New Zealander killed in a drone strike in Yemen... More>>

ALSO:

Easter Trading: Workers 'Can Kiss Goodbye To Easter Sunday Off'

The Government’s decision to “reprioritise” scarce labour inspector resources by abandoning the enforcement of Easter Sunday Shop Trading laws means workers can kiss goodbye to a guaranteed day off, says Labour’s Associate Labour Issues spokesperson Darien Fenton. More>>

ALSO:

ACT Don't Go For Maximum Penalty: Three Strikes For Burglary, Three Years Jail

Three strikes for burglary was introduced to England and Wales in 1999. As in New Zealand, burglary was out of control and given a low priority by the police and the courts. A Labour government passed a three strikes law whereby a third conviction for burglaries earned a mandatory three years in prison... More>>

ALSO:

Gordon Campbell: On Drone Strikes And Judith Collins‘ Last Stand

The news that a New Zealand citizen was killed last November in a US drone attack in Yemen brings the drones controversy closer to home. More>>

ALSO:

Elections: New Electorate Boundaries Finalised

New boundaries for the country’s 64 General and seven Māori electorates have been finalised – with an additional electorate created in Auckland. More>>

ALSO:

Policies: Labour’s Economic Upgrade For Manufacturing

Labour Leader David Cunliffe has today announced his Economic Upgrade for the manufacturing sector – a plan that will create better jobs and higher wages. More>>

ALSO:

Gordon Campbell: On The Life And ACC Work Of Sir Owen Woodhouse

With the death of Sir Owen Woodhouse, the founding father of the Accident Compensation Scheme, New Zealand has lost one of the titans of its post-war social policy. More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
Parliament
Search Scoop  
 
 
Powered by Vodafone
NZ independent news