David Bain

The Whaleoil Jury in the court of Public Opinion has reached a verdict

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We asked Whaleoil readers if they thought that David Bain was innocent now that the court convictions have been overturned.

Over one thousand of our readers took the time to answer our single question survey.

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Let’s ask the court of public opinion about David Bain

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The Whaleoil court of public opinion is in session.

“Order in the court.”

Those members of the jury wanting to give their opinion on the case please click here.

Larry Williams on the Bain leak

Larry Williams has the best summary of the Bain leak. Where other media have lapped up the Bain camp lines, almost on cue, he stands as an outlier on the issue.

A confidential report on the David Bain compensation case apparently finds Bain not “innocent beyond reasonable doubt”.

Bain will not receive a dime then, unless the Government goes against the review findings.

The Government is now being accused of moving the goalposts to avoid paying Bain compensation. That they went shopping for the result they wanted and manipulated the process.

Really ?

There were no such accusations when the Government started the process and appointed Canadian judge Ian Binnie to review the case for compensation.

Justice Minister Judith Collins, a lawyer by the way, ordered a peer review because she wasn’t satisfied that Binnie’s report stacked up.

If you are a competent Justice Minister and you receive a report you think is “suspect” you have a duty to review it.

Collins did just that.

The review by retired Judge Robert Fisher QC found Binnie’s report flawed. To be precise, he found “several errors of law”.

Collins’ instincts and judgment was proven to be correct. Some of the top legal brains in the country came to the same conclusion – that Binnie’s report fell short.

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Face of the day

 

For today’s face of the day, David Bain, I have supplied three different perspectives on the latest news about his battle for compensation.

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David Bain compensation report a long time coming

David Bain and Joe Karam

David Bain and Joe Karam

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 »

David Bain supporters stifle free speech

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 »

Not one cent Amy, and Karam is losing the plot, getting close to a lawsuit I suspect

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.

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Should David Bain and his mate Joe Karam pay back their legal aid?

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.

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I hesitate to call Joe Karam a liar but…

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 »

Why does Joe Karam mislead so much?

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.”

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