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

 


Report on Bain compensation claim received



Hon Judith Collins
Minister of Justice
3 September 2012 Media Statement
Report on Bain compensation claim received

Justice Minister Judith Collins has received the report by Canadian Justice Ian Binnie on Mr David Bain’s compensation claim for wrongful conviction and imprisonment.

Under Cabinet guidelines adopted in 1998, the category of claimants who are eligible for compensation is limited to those who have had their convictions quashed on appeal without order of retrial, or who have received a free pardon. To receive compensation eligible claimants must establish their innocence on the balance of probabilities.

Mr Bain's claim falls outside the guidelines because he was acquitted following a retrial.

However, at the same time as adopting those guidelines, Cabinet decided the Crown should have residual discretion to consider claims falling outside the guidelines in "extraordinary circumstances" where it is in the interests of justice to do so.

Claims under the Crown's residual discretion are assessed on a case-by-case basis. At a minimum, and consistent with the Cabinet guidelines applying to eligible claimants, a claimant must establish innocence on the balance of probabilities. But for claims that fall outside the Cabinet guidelines something more is required that demonstrates that the circumstances are extraordinary.

Justice Binnie has considered Mr Bain’s claim against this test.

Ms Collins will now consider Justice Binnie’s report and discuss the recommendations with her Cabinet colleagues.

“I want to thank Justice Binnie for his very comprehensive work. I will be meeting with him in the next two weeks to discuss the report,” Ms Collins said.

The report will not be released until any decision on whether to compensate Mr Bain is reached by Cabinet.

“I will be making a further announcement on Mr Bain’s claim in due course,” Ms Collins said.
Background

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 a substantial miscarriage of justice had occurred and ordered a retrial.

Mr Bain was subsequently acquitted at a retrial in June 2009. Mr Bain’s representatives formally lodged a claim for compensation with the former Minister of Justice, Hon Simon Power, in March 2010.

Justice Binnie, a retired Canadian Supreme Court Judge, was appointed in November 2011 to assess the claim.


Note to editors
Attached are a timeline for Mr Bain’s case so far and a Ministry of Justice document outlining the process for compensation for wrongful conviction and imprisonment.

http://img.scoop.co.nz/media/pdfs/1209/Backgrounder_2012.pdf

http://img.scoop.co.nz/media/pdfs/1209/David_Bain_case__Timeline.pdf

Q+A
How are compensation claims usually decided?
Under Cabinet guidelines introduced in 1998, people may be eligible for compensation if they have served all or part of a sentence of imprisonment and either:
• have had their convictions quashed on appeal, without order of retrial, in the High Court (summary convictions); Court of Appeal (including references under section 406 of the Crimes Act 1961); or Courts Martial Appeal Court; or
• have received a free pardon under section 407 of the Crimes Act 1961.

Is Mr Bain eligible for compensation under Cabinet guidelines?
No, Mr Bain is not eligible under the Cabinet guidelines because the Privy Council ordered a retrial when quashing his convictions.
Because his case falls outside the guidelines, something more is required that demonstrates that the circumstances are extraordinary.

What is the basis for compensating people like Mr Bain who fall outside the Cabinet guidelines?
When Cabinet adopted the guidelines in 1998, it determined that the Crown should have residual discretion to consider claims falling outside the guidelines in “extraordinary circumstances” where it is in the interests of justice to do so.
The criteria for claims that fall outside the Cabinet guidelines are stricter. Being able to establish innocence on the balance of probabilities is a minimum requirement, consistent with the Cabinet guidelines, but the applicant must also show there is an aspect of the case that is extraordinary.


© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

 

Ruataniwha: DOC, Hawke's Bay Council Developer Take Supreme Court Appeal

The Department of Conservation and Hawke's Bay Regional Investment Company (HBRIC) are appealing to the Supreme Court over a conservation land swap which the Court of Appeal halted. More>>

ALSO:

With NZ's Marama Davidson: Women’s Flotilla Leaves Sicily – Heading For Gaza

Women representing 13 countries spanning five continents began their journey yesterday on Zaytouna-Oliva to the shores of Gaza, which has been under blockade since 2007. On board are a Nobel Peace Laureate, three parliamentarians, a decorated US diplomat, journalists, an Olympic athlete, and a physician. A list of the women with their background can be found here. More>>

Gordon Campbell: On The Key Style Of Crisis Management

At Monday’s post Cabinet press conference Key was in his finest wide- eyed “Problem? What problem?” mode. No, there wasn’t really a problem that top MPI officials had been at odds with each other over the meaning of the fisheries policy and how that policy should be pursued... More>>

ALSO:

Mt Roskill: Greens Will Not Stand In Likely Post-Goff By-Election

“The Green Party’s priority is changing the Government in 2017, and as part of that we’ve decided that we won’t stand a candidate in the probable Mt Roskill by-election... This decision shows the Memorandum of Understanding between Labour and the Green Party is working." More>>

ALSO:

Wellington: Predator Free Capital Plan

Wellington City Council (WCC), the Greater Wellington Regional Council (GWRC) and NEXT Foundation, today announced a joint collaboration to make Wellington the first Predator Free capital city in the world. More>>

ALSO:

Gordon Campbell: On Judith Collins’ Efforts At Self Correction

Thousands of prisoners currently in prison may be entitled to an earlier release than expected – and compensation – because Corrections has incorrectly calculated their term of imprisonment. Unless of course, the government buries its mistakes by changing the law and retro-actively getting itself off the hook… More>>

ALSO:

More Justice & Corrections

Sector Opposes Bill: Local Government Bill Timeframe Extended

The Minister of Local Government Peseta Sam Lotu-Iiga has asked the Select Committee to extend the report back date for the Local Government Act 2002 Amendment Bill (No 2). More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
 
Parliament
Search Scoop  
 
 
Powered by Vodafone
NZ independent news