Iain Binnie

Dodgy is as dodgy does, Ian Binnie donates to David Bain’s bludge-a-little campaign

The left-wing, as well as David Bain supporters and the now strangely silent Joe Karam cried a river of tears when Judith Collins rejected Judge Binnie’s shonky report.

They had good reason to have concerns over a report written by someone who read all of Joe Karam’s books before he embarked on his project. But now it appears that those concerns have been vindicated.

A donor claiming to be Ian Binnie, the retired judge appointed to review David Bain’s compensation claim, has given a donation to Bain’s Givealittle campaign

Justice campaigner Roger Brooking set up the Campaign for David Bain page, raising just over $12,000.

Included in the 85 donors was $250 from a person named “Ian Binnie”.

Brooking understood the donation to be from the retired Judge of the Supreme Court of Canada, who concluded Bain was innocent on the balance of probabilities of the murder of his parents, two sisters and brother in Dunedin in 1994.   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.

Read more »

Give David Bain Nothing, Ctd

I was listening to talkback this morning and reading various media who all seem to be framing the review of the Binnie report as an unnecessary cost…and that by the time all the reviews are complete it will add up to more than if we as taxpayers gave David Bain.

That is a bizarre situation to even contemplate…paying out Bain…on the basis of what is reportedly a highly flawed report…all because the reviews might cost more.

I listened to Binnie’s whiny interview on Hosking’s show this morning and it strikes me that this guy is more one eyed than Joe Karam when it comes to Bain. By even commenting he has shown just how flawed the report may be…that he is prepared to enter public debate over it.

David Farrar blogs some comments he has received which make a whole lot sense than the comments of Binnie.

Binnies statement, reproduced above, is the best evidence so far supporting Judith Collins stance. In it, he quite clearly demonstrates a lack of understanding of the law and the facts.

In paragraph 4 he states that the decision of the Privy Council that there had been a miscarriage of justice was reinforced by the verdict in the 2009 retrial. I am astounded that he would make such a statement.

The acquittal did not reinforce the conclusion of the Privy Council. The Privy Council was at pains to say that it did not have an opinion as to whether Bain was guilty or not. In NZ, the term miscarriage of justice refers to the process, not the outcome. You can have a trial which is found to have been a miscarriage of justice, but which still reaches the right result.

Binnie has demonstrated in his statement that he does not understand the meaning of the term miscarriage of justice, nor doe he understand the PC decision. He has also demonstrated a failure to understand the 2009 jury’s verdict. His statement quite clearly demonstrates a belief that the not guilty verdict equates to a finding of innocence.

Then in paragraph 5 he states that “all of the “external” judges who have looked at the record of the case have rejected the arguments of the Solicitor General and the Crown Law Office regarding David Bain’s guilt”. Again a mistake that goes to the very heart of his integrity.

The PC made no judgement on David Bain’s guilt. Their judgement states “In closing, the Board wishes to emphasise, as it hopes is clear, that its decision imports no view whatever on the proper outcome of a retrial”

Collins doesn’t have to release the report now. Binnie, by his own statements, has vindicated everything she has said about the report.

So it seems in his statement about his report he even erred there. Sounds like Judith Collins is going about the review the right way.

Lord knows why Simon Power even appointed Binnie. Claims from some media that Binnie was impartial seem to have been overtaken by the retired judge’s own interventions in the review process showing he was far from impartial.