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

 


Case for establishing review commission?

Andrew Little 
Justice Spokesperson

27 June 2013 MEDIA STATEMENT

Case for establishing review commission?

The latest revelations in the long-running Bain saga suggest it would be worth investigating setting up an agency - similar to the UK criminal cases review commission - to review difficult cases here, Labour’s Justice spokesperson Andrew Little says.

TV3’s 3rd Degree programme last night revealed there is evidence Robin Bain, the father of the convicted and later acquitted David Bain, may have loaded the magazine of the rifle used in the killing of five family members in 1995.

“The on-going controversy over the case - with two juries reaching two different verdicts, a so-called independent inquiry into compensation being overturned by the Minister of Justice and now apparently ‘new’ evidence that has, in fact, been around all the time  - calls into question the effectiveness of our judicial system.

“In fairness, there are many hundreds of criminal cases each year, some of which will be difficult cases teetering on the brink of genuine reasonable doubt, where the conclusion will be debateable.

“Where there is continuing doubt about a verdict even after the appeals process has been exhausted, and a real risk a miscarriage of justice has occurred, then there needs to be a truly independent process to assess all matters.

“A criminal cases review commission could be made up of investigators drawn from the judiciary, the police, scientists and other experts who could conduct a thorough re-examination and extended investigation if needed to deal with all alternative possibilities, not just those that fit neatly into the court rules of evidence.

“If a miscarriage of justice is found then the same independent process could be used to assess compensation. The process we use now is clearly open to political interference.

“The Bain case is not the only case where a miscarriage of justice has been a real risk; the Thomas case stands out as the leading example in the last 40 years, and there have also been the Tamihere and Watson cases.

“It’s easy to pick sides and respond to the emotional buttons that are pushed in these cases, whether by the police or by defendants, but the over-riding objective must be to maintain public confidence that justice is done in every case.”

ENDS

© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Gordon Campbell:
On Gaza And Burning The Israeli Flag

One of the selling points in New Zealand’s campaign for a temporary seat on the Security Council is that we have a pluckily independent voice to offer on international conflicts.

This image is not entirely self-delusional. When we did occupy a temporary UN Security Council seat in the 1990s, New Zealand was forthright about the need for the international community to actively respond to the Rwanda genocide. On April 14, 1994, New Zealand, Nigeria and the Czech Republic were the only nations to call for a forceful UN intervention to halt the killings. It was a proud moment in the diplomatic record of the Bolger government.

What then, is the current National government doing with respect to the slaughter in Gaza? More>>

 

Parliament Today:

TAIC Report: Urgent Recommendations After Melling Rail Accident

The Transport Accident Investigation Commission has made four urgent recommendations to KiwiRail following the accident two months ago (27 May) when a Matangi passenger train collided with a stop block at Melling Station, Lower Hutt. More>>

ALSO:

Red Tape: Local Regulations Go Under Microscope

The Government says it is accepting nearly all of the recommendations the Productivity Commission has made on ways to improve local regulations. More>>

ALSO:

Spending Questions: Claudette Hauiti To Step Aside At Election

National Party President Peter Goodfellow confirms that he has received notification from List MP Claudette Hauiti that she plans to step aside at the 20 September election. More>>

ALSO:

EPA: Board Of Inquiry Rejects Basin Flyover By Majority Of 3 To 1

The independent Board of Inquiry delegated to decide on the Basin Bridge Proposal has, by a majority decision (3 to 1), cancelled the Transport Agency’s Notice of Requirement and declined its resource consent applications for the construction, operation and maintenance of a flyover on State Highway 1 in Wellington City... More>>

ALSO:

Gordon Campbell: On The Non-Apology To Tania Billingsley

The refusal by Prime Minister John Key to issue a personal apology to Tania Billingsley has been accompanied by an array of excuses... Yesterday though, Key’s choice of words indicated that an apology was the last thing on his mind. More>>

ALSO:

Conventions: Winston Peters On The Nation

Winston Peters opens door to standing in East Coast Bays electorate, says it's an "exciting point" and he's thinking about it. "I’ve had a whole lot of people writing to me and calling up and saying ‘why don’t you have a go in East Coast Bays’." More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
Parliament
Search Scoop  
 
 
Powered by Vodafone
NZ independent news