David Cullen Bain to seek Judicial Review

David Cullen Bain is seeking a judicial review of his compo case. All this guy does is cost the government money.

Lawyers acting for David Cullen Bain have today lodged a claim in the Auckland high court against the Minister of Justice seeking judicial review of the actions taken by her since she received Justice Binnie’s report in late August 2012.

Hon Judith Collins, Minister of Justice has commented;

“David Cullen Bain has filed judicial review proceedings today regarding his application for compensation.

Mr Bain’s application falls outside Cabinet guidelines and is entirely at Cabinet’s discretion. I have taken steps to ensure the process is fair and proper throughout.

Put simply, it would be unacceptable for Cabinet to base its decision for compensation on an unsafe and flawed report. That would not have resulted in justice for anyone, let alone Mr Bain.

Mr Bain has requested the Government put his application for compensation on hold. This will result in further delay. I am considering his request.

As this matter is now before the Courts I will not be commenting further.”

The Bain teams media statement also claimed that ;

“He no longer has any confidence that his claim is being assessed in a fair manner”

I hope that the court gives this short shrift and Bain is told to go away. Then once the court tells him to sling his hook, Judith Collins can ensure he is given nothing.

 


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  • Ronnie Chow

    “That would not have resulted in justice for anyone, let alone Mr Bain.”

    Read ; ‘justice for Mr. Bain.’

    • dotcom

      Which Mr Bain, Ronnie Chow? Robin Bain didn’t kill anyone.

      • pukakidon

        Dead right this is absolutely disgusting. Lets have some justice for the murdered family and the murdered Mr Bain (Father) that the gutless bastard Paper boy and his arsehole laywer keeps blaming.

  • williamabong

    Give the murdering bastard nothing, and Joe Karam half of it.

    • dotcom

      This is a David Bain/Joe Karam own goal. You beauty!

    • Mr Sackunkrak

      Agreed! And next to Dotcom, that former paper-boy is just what I don’t want to hear about in 2013. I imagine he’s on the dole, and when combined with 13 years of free board and food the cunt has had enough from us.

  • Patrick

    better hope it doesn’t end up with a political activist judge or Bain will cashing in big time

    • dotcom

      Not a chance, Patrick. Our High Court Justices will be lining up to be the one to burn David Bain’s balls. Probably Helen Winkelmann will keep this one for herself, being the team leader of High Court Justices.

      This application for a JR is a fantastic development for truth lovers (and “Truth” lovers – thank you Truth). Own goal for Karam/David Bain. You beauty!

      And Cam Slater, a JR is not at taxpayer expense. If David Bain loses, which he will, he will be assessed for costs (though I acknowledge the part about not getting blood from a stone, of course).

      There is though the possibility of the Crown applying for a prepayment of costs.

      But Judith Collins will be loving this. Earlier today she would have been thinking about having to make a decision this week. Now it’s back to an NZ Court system, which doesn’t like the embarrassment that David Bain has caused it year upon year (Privy Council and Binnie results are both embarrassing to our judges). Hopefully, the other consequence of this, is that the High Court will schedule this JR very quickly. Like the David Bain team have after all, had 19 years to prepare their case already.

      Wouldn’t like to be in David’s shoes. Would like to be in Judith Collins’ shoes.

      [Incidentally, it also takes me off the hook. I will not now be filing criminal charges for the time-being for the lying-under-oath that David Bain told to Justice Binnie.]

  • StupidDisqus

    Just goes to show another advantage of Cops with Glocks – once the crim’s been Glocked, it’s final – there aren’t any appeals or retrials from a 9mm.

    • dotcom

      Plus one.

  • Grizz30

    I have heard that this is a delaying tactic. He wants the claim to linger beyond the next election because Labour have already stitched up a compensation deal with him.

    • thor42

      Typical bloody Labour. Throwing around other people’s money.

      • dotcom

        More important, no respect for justice or for the Rule of Law.

    • dotcom

      High Court will be aware of this, Grizz, and now have the opportunity to ensure it doesn’t happen this way. You beauty!

  • LesleyNZ

    With the passing of time and with personal opinion and interpretation of evidence exchanged for what really did happen on that dreadful day, it seems a lot of us have forgotten what really did happen. Timely now that all the facts, forensic and witness evidence and inadmissible evidence, (not hearsay) about the Bain murders is published. It should be published in chronological order so that the taxpayers of NZ can make their own minds up whether any compensation should be paid or not. David Bain may regret agreeing to this move but it seems Joe Karam is his puppeteer and controls every move of David Bain’s.

    • dotcom

      Trouble is there is conjecture about the timing of the events. I agree with you in principle, LesleyNZ, but we don’t even know for sure, the sequence in which David shot each of his family members, and whether it was before or after the all important paper run. Do you know the timings that each of his 5 killings were performed, LesleyNZ: that is to say, more specifically than “before daylight on 20 June 1994”?

      • LesleyNZ

        No I don’t. Guess we will never really know.

      • pukakidon

        Does it matter his and only his prints on the murder weapon. Case closed.

        • dotcom

          Not quite, pukakidon. There was a pristine set of (14-y-o) Stephen Bain’s prints on the silencer, from when poor young Stephen was fighting the killer to save his life, even though he was already dying from blood loss. Poor kid.

          But I know what you mean. You mean as between Robin and David, and you are right. David’s prints but not Robin’s prints were on the rifle – something that would have been impossible, if Robin had held the rifle as the last thing he ever did before killing himself. But the David Bain team managed to fool the second jury on this.

          At this point I always refer people to the Wikipedia entry on the “CSI-effect”. It is a very real new problem for justice systems all over the world, to the extent that the CSI-effect is a high priority in relevant university courses these days. The worst part for the CSI-effect (and we saw it played out precisely with Ewan Macdonald) is that more and more criminals are going to walk free when the case depends on the circumstances more than on the forensics, in spite of overwhelming evidence that would have seen convictions only ten years ago. We are going to have to completely look again at whether juries continue to be the right way to make criminal decisions.

  • Tom

    Love for him to hear someone charge a 10/22 in his dark room as he’s drifting off to sleep….. Just to make him jump.

    • dotcom

      What do you mean? Just to make him jump?

  • fozzie2

    judge judy going down down down …

  • Today Karam says David Bain was deliberately left out of the review proceedings – shame that. I’m sure Fisher would have got a lot of interesting information out of Dave – and then Karam would have said David had been ambushed by Fisher. Have to agree with one thing Karam says though – “It’s lucky there are no gallows in New Zealand otherwise David wouldn’t be
    around to claim for compensation,”Lucky is right.

    • dotcom

      One thing’s is for sure. For the time being at least, the decision to pay or not pay compensation is in Judith Collins hands. Today, Joe Karam today likened Judith Collins to Mugabe. Not the most sensible of moves, I would have thought. Clearly Karam/Bain has written off any possibility of any Collins-compo. So Joe/David are clearly now focussing on getting compo in the fuller term from Labour’s Charlie Chauvel. From today, Charlie is the new enemy.

  • David

    I’m not in favour of red tape, but in Bain’s case I’d make an exception. I hope the government, the courts and bureaucrats handling this case drag it out as long as possible. Stalling tactics, appeals, whatever… just as long as Bain and his self-righteous sidekick Karam are made to wait and wait and wait for any compensation.

    • dotcom

      Problem with this is that if it gets delayed till Labour get into government, Charlie Chauvel has made it all too obvious that he will pay generous compensation to David Bain, in spite of Bain being a mass killer of 5 members of his family.

      What the Judicial Review process needs to do, is make sure that no New Zealanders in left in doubt about the fact that David killed 5 people.

      First priority is to shut the idiot Rodney Hide up about a topic that he keeps writing columns on without having done the research (and he has replied to me to say exactly that he doesn’t know the case evidence). Rodney got a hammering in comments left on NBR this week.
      http://www.nbr.co.nz/article/twelve-reasons-worry-about-bain-case-lf-134942#comment-603507

      • David

        How many people take Rodney Hide seriously these days? You make good points dotcom and I share you concern about Chauvel. Labour are a worry, however, I think this case could be delayed for years, even decades, with little difficulty despite which party is governing.

  • DavidKNZ

    Joe Karam is either very brave or very foolish taking on Judith Collins. Look what happened to the ACC board. Hats off to a Minister of Justice that’s prepared to stand up for Justice

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