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

 


Reports into Bain application released

Hon Judith Collins

Minister of Justice

13 December 2012 Media Statement
Reports into Bain application released

Justice Minister Judith Collins has today released the reports by Canadian former judge Justice Ian Binnie, QC into David Bain’s application for compensation for wrongful conviction and imprisonment, and the Hon Dr Robert Fisher’s peer review of that report.

“Hon Dr Robert Fisher, QC has confirmed the report by former judge Justice Ian Binnie, QC is flawed and would not withstand scrutiny.

“Mr Bain has asked the Government, on behalf of New Zealanders, to consider his claim for compensation.

“It would be unacceptable to me and unfair for New Zealand generally and for Mr Bain, to take a recommendation to Cabinet for compensation based on a flawed report.

“Given the high level of public and media interest in this issue, and to respond to Mr Bain’s supporters and Mr Binnie’s calls to release the reports, I have decided to make both reports public. I think this is also important in the interests of transparency of process,” Ms Collins said.

Examples of errors contained in Mr Binnie’s report are:

• In assessing Mr Bain’s innocence, and misconduct by authorities, Mr Binnie made fundamental errors of principle.

• Mr Binnie disregarded any item of evidence that did not prove a subsidiary fact on the balance of probabilities, contrary to New Zealand law. This meant he excluded significant evidence such as blood stains on Mr David Bain’s clothing, the broken glasses, Mr David Bain’s fingerprints on the rifle, Mr Robin Bain’s motive and mental stability, Mr David Bain’s post-event admissions, and Mr David Bain’s admission that he heard Laniet gurgling.

• Mr Binnie regarded the jury acquittal as something that was relevant to whether Mr Bain had proved his innocence.

• Mr Binnie accepted Mr Bain’s version of events without question, except where it directly contradicted other witnesses.

• Mr Binnie arrived at a provisional conclusion of innocence based on one item (luminol footprints), followed by a serial testing of that conclusion, instead of considering the cumulative effect of all evidence. This approach skewed the findings towards innocence.

• Mr Binnie’s approach was markedly generous to Mr Bain in its reliance on background facts sourced from him.

• Instead of requiring Mr Bain to satisfy him on the balance of probabilities, Mr Binnie imposed an onus on the Crown whenever the Crown suggested a factual possibility inconsistent with Mr Bain’s innocence.

• Mr Binnie relied on ‘innocent openness’ defences to turn incriminating admissions or clues into points thought to support Mr Bain’s genuineness and credibility.

• Mr Binnie went beyond his mandate. He did not have authority to conclude whether there were extraordinary circumstances, or make a recommendation on whether compensation should be paid.

• Instead of founding conclusions on the evidence available to him, Mr Binnie drew an adverse inference to the Crown where, in Mr Binnie’s view, the Police ought to have gone further in its investigations.

• In finding serious wrongdoing by authorities, Mr Binnie paid no regard for the need for an official admission or judicial finding of misconduct, and treated as ‘serious misconduct’ actions that were not deliberate, nor done in bad faith.

• Mr Binnie criticised named individuals without giving them the right to respond.

“I would like to thank Hon Dr Robert Fisher, QC for his peer review. The list of errors in Mr Binnie’s report is extensive, and according to Dr Fisher could be vulnerable to judicial review.

“Cabinet needs the best and most complete information to base its decision on and it is in Mr Bain’s interest to have his claim concluded as robustly as possible.

“This is a matter of justice that must be seen to be done, and justice must follow a fair and proper process.

“Cabinet will now consider both reports and will decide on the next steps in this process in the New Year.

“Ultimately, this review will not have an impact on Mr Bain’s claim, apart from causing an unfortunate delay to the decision Cabinet will make,” Ms Collins said.

Copies of reports and applicable correspondence will be available on the Ministry of Justice website at http://www.justice.govt.nz/media/in-focus/topic-library/David-Bain-reports at approximately 5pm today.

A further announcement on Mr Bain’s claim will be made in due course.

ENDS

Note:

Attached are:

• Justice Ian Binnie’s report 02_Justice_Binnies_amended_report.pdf.pdf

• Hon Dr Robert Fisher’s peer review Robert_Fisher_Report.pdf
[Update: Fisher report with request letter, terms of reference etc. (PDF)]

• Summary of key findings of Hon Dr Robert Fisher’s peer review Summary_of_key_findings_Hon_Dr_Robert_Fisher_QC.pdf

• CV Hon Dr Robert Fisher Robert_Fisher_CV.pdf

• Justice Binnie’s response to Robert Fisher’s peer review 07_Response_from_Justice_Binnie.pdf

© 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