The New Zealand Government is still awaiting the conclusions of an independent report looking at whether David Bain should be compensated for wrongful conviction.
Mr Bain was imprisoned in 1995 after being convicted for the murder of his parents, two sisters and brother in Dunedin. He spent 13 years in prison before being found not guilty of murder in a retrial.
In March this year, the Hon. Ian Callinan AC QC, a former Justice of the High Court of Australia, was hired to conduct a fresh inquiry into Mr Bain’s claim for compensation for wrongful conviction and imprisonment.
Justice Minister Amy Adams said at the time that she expected a report back “within six months”.
However, a spokesman for her office today told NZME News Service that Mr Callinan’s inquiry is “still ongoing” and “tracking along”. Read more »
This is just disgusting
An author claims David Bain supporters are using bullying tactics to stop bookshops selling his book, which proclaims Robin Bain innocent of the mass murder.
Mike Stockdale, 79, of Palmerston North, has self-published 200 copies of The Bain Killings: Whodunnit? at a cost of around $5000.
But the two bookshops that agreed to sell the book have pulled it after being told they were exposing themselves to prosecution.
The bookshops, along with Trade Me, had received complaints from supporters that the book had legal faults.
Otago University Book Shop manager Phillippa Duffy said she had taken legal advice before withdrawing the book. Read more »
Amy Adams has announced she will commission yet another review into the ongoing claim for compensation by David Bain or is it Joe Karam…hard to work out who is claiming as Bain never says anything.
The Government will launch a fresh inquiry into David Bain’s compensation claim after agreeing to set aside all previous advice on the matter, Justice Minister Amy Adams has announced.
David Bain’s long fight for compensation will start afresh with all previous advice put aside, Government has confirmed.
Justice Minister Amy Adams said this afternoon Cabinet did not have enough information to reach a decision on a potential payout for Mr Bain, who spent 13 years in prison before being found not guilty of murder in a retrial.
Mr Bain was imprisoned in 1995 after being convicted for killing five family members in Dunedin, but was freed after being found not guilty in a second trial in 2009.
Judith Collins has said she would do it all again as well. As well she should, Binnie’s report was dreadfully and hopelessly flawed.
Former Justice Minister Judith Collins says she “stands by everything I said and did” in relation to David Bain’s compensation case after his supporters accused her of derailing the process at a huge cost to the taxpayer.
Mr Bain’s advocate Joe Karam said the blame for the new delay and its associated costs could be placed squarely on Mrs Collins, who “secretly” asked for a peer review of an initial inquiry by former Canadian Supreme Court judge Ian Binnie.
“It’s a great shame for David, for me, for the New Zealand public in general,” he said. “It’s extremely disappointing that this should happen from a number of points of view, not least of which is the taxpayers who now have to cough up between half a million and a million dollars.”
Mr Karam said he was more confident of a positive outcome from the new review because he believed Ms Adams would be more principled than her predecessor and would not “bulldoze” any findings.
Mrs Collins shot back at Mr Karam yesterday, saying she could never have awarded compensation based on a faulty inquiry.
“I stand by everything I said and did,” she told the Herald. “I did exactly what I had to do.”
Justice Binnie found that Mr Bain was innocent “on the balance of probabilities”, but the peer review by QC Robert Fisher found numerous errors in his findings.
Mrs Collins said the main reason for a delay in the five-year process was the decision by Mr Bain’s side to seek a judicial review of the Government’s handling of the case.
Jock Anderson seems to think so:
Following CaseLoad’s controversial and commonsense analysis of the David Cullen Bain Compo Affair last time, numerous callers at the Ladies & Escorts Lounge have raised some interesting questions.
Some ask if Mr Bain or his supporter Joe Karam have repaid any of the $3.33 million in taxpayer-funded legal aid coughed up for Mr Bain’s 2009 “Not Guilty” retrial – the highest amount in New Zealand legal history. (If they have, good on them.)
And whether or not, in the event Mr Bain gets millions of dollars in taxpayer-funded compensation from the Government, should his legal aid be deducted first???
It was earlier reported that of the $3.33 million, $2.33 million went towards the retrial costs and almost $1 million was paid for expenses in the retrial such as research, investigators and forensics.
$426,000 was paid for Mr Karam’s efforts.
Lawyers’ fees throughout the High Court, Court of Appeal and retrial process amounted to $1.77 million of the total bill.
Most of the costs of the retrial were to pay for overseas experts, according to Mr Bain’s lawyer Michael Privet Reed QC.
Mr Bain did not receive legal aid in his compo bid.
Earlier today I wrote about Joe Karam misleading in an interview with Radio New Zealand over the Bain case.
Now I hesitate to call Joe Karam a liar, but the evidence suggests that he may have in fact forgotten a few things, so I’ll be generous and say his views of history are a little clouded.
He stated to Radio New Zealand when asked about the delays:
“It’s not dragged on because of us, uhmmm… it’s dragged on far too long, like everything with the Bain case had, but uhmm..I couldn’t put a time on it, these things traditionally do take time”
There is a problem with those claims for Joe Karam.
Here is the press release from February 2013 about the delay.
4 February 2013
David Bain requests delay
Cabinet has agreed to a formal request from David Bain to delay its consideration of his application for compensation for claimed wrongful conviction and imprisonment, says Justice Minister Judith Collins. Read more »
Joe Karam went on Radio NZ yesterday and basically showed what a nasty, vicious little man he is.
Her refers to Amy Adams by title and her full name, same with Simon Power, but in all his comments about Judith Collins he just calls her “Collins” or worse.
In a report released in late 2012, a former Canadian Supreme Court judge, Ian Binnie, concluded that Mr Bain was innocent and suggested he should receive compensation.
However, Ms Collins then sought a review of that report, which criticised the findings as legally flawed.
Mr Bain’s legal team sought a judicial review, arguing that Ms Collins had pre-determined the claim and could not distinguish between her role as Justice Minister and her previous role as Police Minister.
Ms Collins resigned as a minister during the election campaign last year, after an email surfaced suggesting she had been part of efforts to undermine the head of the Serious Fraud Office in 2011. An inquiry later found no evidence to support that.
Mr Bain’s chief supporter Joe Karam told Checkpoint it was now up to Ms Adams to have the claim considered by Cabinet ministers.
“We have no reason to believe that she won’t do a proper just job, as Simon Power did. The only thing that’s gone wrong is the pugnacious minister that we had in between times.”
David Bain is continuing on with his spurious claim for compensation…aided of course by his pal Joe Karam.
David Bain’s bid for compensation has moved a step forward with the Justice Minister confirming Cabinet will resume consideration of his claim.
Mr Bain’s legal team last month held confidential discussions with Justice Minister Amy Adams over his compensation bid.
Ms Adams today confirmed judicial review proceedings had been discontinued following an agreement between the two parties.
“With the matter resolved, Cabinet can now resume its consideration of Mr Bain’s claim for compensation for wrongful conviction and imprisonment,” Ms Adams said.
Cabinet agreed in February 2013, at Mr Bain’s request, that consideration of his application for compensation would be put on hold, pending determination of the judicial review proceedings he filed.
Those judicial review proceedings have been discontinued by Mr Bain, Ms Adams said.
“This discontinuance does not resolve Mr Bain’s underlying compensation claim, just the separate judicial review process. I plan to discuss next steps with my Cabinet colleagues over the coming weeks,” she said.
“While the details of the agreement are confidential, I can confirm that there was no contribution made towards Mr Bain’s compensation claim as part of this discontinuance.”
Ms Adams said there would be a further announcement regarding the consideration of the application in due course.
David Bain is pushing hard for compensation.
He should get nothing.
David Bain’s legal team has been in confidential discussions with the Minister of Justice over his bid for compensation.
A judicial settlement conference was held at the High Court at Auckland today in relation to the redress Mr Bain is seeking after spending 13 years behind bars for the murder of his family in 1995. Mr Bain was later acquitted at a retrial.
The meeting between Mr Bain’s legal team, including Michael Reed QC and former All Black Joe Karam, and lawyers representing Justice Minister Amy Adams, was held ‘in chambers’, meaning media could not report on proceedings.
Media were also barred from sitting in on the conference, held before Justice John Faire. Read more »
The first Huddle of the year was last night. Larry Williams was away but Greg Boyed is sitting in. Josie Pagani was back too though.
Our topics were:
- Colin Craig and his admission of smacking his kids
- David Bain’s wedding last Friday
- The Herald’s campaign on behalf of 2% of road users who bludge their use in the first place. Read more »