Give Bain Nothing, Ctd

Judith Collins is not happy with the (Rubbish) Binnie report:

Judith Collins is blunt in explaining why she wants a second opinion on the report on compensation for David Bain.

She says the retired Canadian judge’s report appears to contain assumptions based on incorrect facts, and shows a misunderstanding of New Zealand law.

The Justice Minister has asked for a peer review into the report by Justice Ian Binnie.

Judith Collins says the report lacks a robustness of reasoning used to justify its conclusions.

Since she told him she wasn’t happy, Justice Binnie has provided her with two revised versions of his report.

The minister says seeking a second opinion was not a decision she made lightly, but justice needs to be done, and a proper process undertaken.

Robert Fisher QC has been commissioned to review the report.

Bain should be given nothing.

  • Gazzaw

    The ‘ambulance’ team will be sweating on the outcome of Robert Fisher’s report.

  • newzeal

    There’s more info over here: http://www.stuff.co.nz/national/politics/8063237/Bain-report-based-on-assumptions-wrong-facts

    Including two unsolicited revisions already sent by Binnie, in response to Collin’s reaction. Is Collins getting herself ready to say No to compensation? Who knows? But the petition is still going strong: http://davidbain.counterspin.co.nz/node/add/signature

  • peterwn

    I wonder what aspect of NZ law is ‘misunderstood’. As far as I know the Cabinet criteria for compensation is not ‘law’. It could be the concept of the standard of proof or ‘Bill of Rights’ aspects, and it would be strange if the Canadian Judge got this wrong as Canadian law and NZ law would be similar on these matters (NZ judges often draw on Canadian cases for ‘Bill of Rights’ cases). A senior judge would often be used to dealing with differing sets of laws – in this case the Judge would not infrequently have to grapple with Canadian provinces’ laws as well as USA federal and states’ laws.

    • Bunswalla

      Not a Bill of Rights case, mate – it was a case of multiple murder. Compensation for people wrongly convicted is subject to Cabinet guidelines, not laws. Interestingly, Cabinet is not even obliged to consider compensation for the multiple murderer because Bain’s case does not fall within the guidelines. Collins and cabinet have to decide even if they wish to consider compensation, and it’s clear that the standard of Binnie’s investigation and report leaves a lot to be desired.

      Why shouldn’t Binnie’s report be subject to the same sort of scrutiny as any decision he made while a sitting judge?

      • peterwn

        I fully agree – all I was trying to do was guess what aspects of the law was ‘misunderstood’. As far as I am concerned Justice Tipping had it spot on in his 2003 Appeal Court judgment concerning additional evidence.

  • Mitch82

    $400k well spent. By now it probably would have been cheaper to give Bain the two million and be done with it.

    • Gazzaw

      Justice has to be seen to be done MItch. Yes it probably would have been cheaper to cave and shell out $2 mill but there’s a very big principle involved here.

      • fozzie2

        Hard to see it when the report is only available to the Crown and a few of Collin’s chosen few. There seems to be a lot of vested political interest in this and Collins seems shit scared of reaction if Bain is given the compensation he rightly is entitled to !

        • Mr Sackunkrak

          So long as she ends up telling him “he’s dreaming” I shall be a happy taxpayer, if not, I shall take up the graft of a paper-boy ….. and mum, dad and the sisters better watch out.

        • Bunswalla

          He’s rightly entitled to nothing, and I hope he gets it.

      • Mr Sackunkrak

        $400k per 2 cent bullet is an awesome return on investment! Even over 13 years and with bed and board paid for!

    • peterwn

      When assessing this sort of thing one has to look at the wider picture. If the Government caves in on this, there will be a multitude of compensation claims. There is more financially at stake than just the Bain compensation. This is why Inland Revenue and other government agencies (and local councils) will fight adverse judgments tooth and nail.

  • blazer

    really starting to take a shine to Collins.Surely it cant be true that Binnie read Karams book as part of his investigation.

    • http://www.whaleoil.co.nz Whaleoil

      It would appear so

      • blazer

        well reading that work of fiction taints his findings for sure.

  • Marcus50

    Collins reaction to the Binnie report suggests that appointing a foreign Judge was an error. Clearly Collins has little faith in or respect for Binnie given the comments she has made. Why is the question of compensation not simply referred to the NZ Supreme Court to adjudicate upon and make a recommendation to Cabinet

    • phronesis

      For the same reason that the report has been referred to a QC and not a judge. The quality of judges in NZ is variable at best and it makes little difference what you call the court they sit in.

    • Mr Sackunkrak

      That would step over the separation of the judiciary and executive, in the exercise of a Ministerial discretion.

      For what it is worth though, I wouldn’t give the former paper-boy two cents let alone $2m, on the balance of probabilities, that is.

  • http://www.facebook.com/david.kinniburgh.3 David Kinniburgh

    Robin Bain was not a murderer. End of story

    • Travis Poulson

      Well you certainly convinced me with that argument.

      • Bunswalla

        I believe Robin Bain could not possibly have been the murderer. That should seal it for you Trav ;-)

  • GregM

    Justice Binnie?
    I thought Rabish Binnie was an Indian spin bowler.

    • Mr_V4

      Yeah he played alongside wasee-a-crim and nevah-ben-behind-bars.

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