Joe Karam

David Bain has hurty feelings, pass him a snotty hanky to dry his eyes

Poor old jug-eared David Bain. Instead of slinking off into obscurity he is now professing that he has hurty feelings.

Jared Savage records his butt hurt at the Ferald.

David Bain was “disgusted” with the Australian judge for refusing to meet with him while considering his compensation bid for wrongful imprisonment.

Bain said his rights were “completely abused” by Justice Ian Callinan QC who made “extremely hurtful” comments in finding Bain did not prove his innocence “on the balance of probabilities” of killing five members of his family.

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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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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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Not one cent Amy, not one cent

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.

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David Bain should get nothing

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 »

Court Reporting From The Public Gallery – Circus In High Court #6

The circus at High Court #6 this next fortnight is a disgrace to the legal profession and a terrible advertisement for the art of litigation.

From the dead cat wearing rates avoider Penny Bright to the feral?in front of me in the public gallery wearing socks with his jandals and track pants, I cannot help feeling sorry for John Banks having to put up with his career and legacy tried in front of a bunch of rabble. I do not particularly like John Banks as a politician, but no one deserves this.

It is no surprise Banks?didn’t go for trial by jury. ?The people in the gallery attracted to the case are not and never have been his peers. ?They appear a?sublime mix of potential admissions requiring treatment for compulsive mental conditions. ?Court groupies.

At adjournments we have the ridiculous scenario of media invading?over the courtroom floor casually interacting with the Crown?QC dare I say it giving him some tips after?a reasonably limp performance to date, members of the public gallery often talking sometimes even while the Judge is speaking, a compulsive cap wearer and then there is career law-spotter Joe Karam. ?I cannot work out if Karam is there for Dotcom’s eventual deportation or Banks if he is wrongly found guilty?after delivering a morning of direct mail. ?? Read more »

Surprise, surprise David Bain’s camp objects to reports despite being involved at all steps

Michael Reed QC continues the crusade to hurl murk against Robin Bain in an attempt to score big time in the compensation stakes.

He is claiming that the police report into the marks on the thumb and finger of Robin Bain. This despite being included in forensic review.

Michael Reed of course ran off to their pals and enablers at TV3 to spread their story.

He repeats the outrageous claims that the marks line up exactly with the feed lips of the magazine. The Police, like my reader showed this to be demonstrably false.

Mr Reed says this conflicts with not only the opinions of independent experts spoken to by 3rd Degree, but also those of Dr Alexander Dempster, who did the original examination of Robin’s body.

Dr Dempster?said in August?there were no cuts or abrasions on Robin’s hands at all.

“Start with the black marks that are there,” says Mr Reed. “We know they’re there, everyone can see them. Suddenly the police now say, when they look at it in the morgue, that they’re superficial. Well, where have the black marks gone?? Read more »

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