Bain given new hope for compensation

David Bain has been given some hope of getting his compensation claim considered. He had previously hit a l;egal brick wall in Judith Collins but the new Justice Minister Amy Adams seems prepared to deal with it,

Stuff: Bain has a fresh chance for compensation

David Bain has been given fresh hope in his fight for compensation after court wranglings came to an end.

The Government and Bain’s lawyers have agreed to end judicial review proceedings over a report that suggested he was innocent of the murder of his family.

It means the decision to award him compensation for wrongful conviction and for the 13 years he spent behind bars will go back before Cabinet ministers.

Justice Minister Amy Adams announced the move this afternoon.

“This discontinuance does not resolve Mr Bain’s underlying compensation claim, just the separate judicial review process,” she said.

“I plan to discuss next steps with my Cabinet colleagues over the coming weeks. 

“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.”

Bain’s bid for redress stalled in early 2013 after a row over a report commissioned by then justice minister Judith Collins.

Written by retired Canadian judge Justice Ian Binnie, it found that Bain was innocent of the murder of his parents, brother and two sisters “on the balance of probabilities”.

Collins publicly questioned the findings and ordered a review by High Court judge Robert Fisher. Fisher pointed to errors in Binnie’s findings.

Bain’s legal team took the matter to the High Court and asked for a judicial review.

And they now seem to be making some progress.

I don’t have an opinion on whether Bain deserves compensation.

I’m not neutral on the Bain murders, but I’m uncertain. There doesn’t seem to be compeling evidence either way. And from what I’ve seen some evidence points one way and other evidence points another.

The fact is that legally Bain has been acquitted. And he’s trying to get financial redress.

If he is innocent (and that’s a distinct possibility) then he has a crap twenty years, having had the rest of his family killed or topped, copping all the blame and being locked away for years.

If he killed his family (and that’s also still a possibility) he has either got a massive cheel seeking compensation.

Or he’s been swept up in the Karam campaign and doesn’t know how to tell them to leave it now he’s at least out of prison.

I’m sure others will have views on this, many feel strongly one way or the other.

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  1. Kittycatkin

     /  January 22, 2015

    If I were him, I’d stop while I was ahead. I wouldn’t want to draw attention to myself and jog someone’s memory about the murders.

  2. Kerry

     /  January 22, 2015

    The guy kills his entire family is the only one left standing and is now in line for for up to 8 mil, I almost despise this “man” as much as mr “i know everything about everything ” Gareth Morgan

    • Teresa

       /  January 22, 2015

      Gareth Morgan is obviously out to sell his book. I think his comment about Europeans fits him and him alone – talk about sucking up.

      • Alan Wilkinson

         /  January 22, 2015

        I agree. Disgusting. Since his unique blend of arrogant stupidity obviously qualifies him to tackle any issue I think the Government should send him to the Middle East to sort out the Sunnis, Shows, Jews, Kurds and ISIS.

        Should take him a few weeks.

        • Alan Wilkinson

           /  January 22, 2015

          Damn autocorrect. Shias not Shows.

          He’d better show Pete how to turn on the edit facility too.

  3. David Bain deserves compensation. He did not kill his family. It’s time for us to put this sad piece of our legal history to bed.

  4. Hollyfield

     /  January 22, 2015

    I don’t think he should have compensation. If the police/crown prosecutor did something such as plant evidence or suppress DNA evidence that led to his conviction, then yes he should have compensation. If it is just that the crown did a better job than the defence lawyer and the jury then made the “wrong” decision, tough. That’s not the government’s fault. (I’m not saying whether I believe he is guilty or innocent – I have a gut feeling which way it is, but believe that there is too much contradictory information in the media for most people to make a fair judgement.)

    • @Hollyfield. The Police did even worse to David than what they did to Arthur. They ignored evidence that stood out like dogs.

    • Alan Wilkinson

       /  January 22, 2015

      The judge was all over Bain just as he had been over Ellis. Same judge and barred defence evidence in both cases. In the Ellis case it was the child interview fantasies the prosecution didn’t want heard and in the Bain case it was the incest accusation and consequent motive for the father that the prosecution blocked. I’m sure Ellis was innocent and always found lack of motive incomprehensible for Bain.

  5. Alan Wilkinson

     /  January 22, 2015

    Peter Ellis

  6. Alan Wilkinson

     /  January 22, 2015

    … Is the most egregiously wronged victim of our justice system.

    • It has been a long time since I last heard Peter Ellis’s name ever mentioned. What happened to Peter after he was released from jail, Alan?

      • Alan Wilkinson

         /  January 22, 2015

        I think he lived with his mother for a while while still working to get his conviction overturned.

    • I agree with that, his case is very clearly miscarriage of justice, appallingly.

    • Teresa

       /  January 22, 2015

      I find that hard to believe. I think there are a number of cases in New Zealand where people have got away with murder …

      • Alan Wilkinson

         /  January 22, 2015

        In that case they weren’t wronged, they escaped conviction. Ellis was convicted, held for full term because he wouldn’t admit to a crime he hadn’t committed, and never pardoned or compensated. Justice department officials conspired to ensure he never could clear his name.

        • kiwi_guy

           /  January 22, 2015

          I like to remind people, especially feminists, about Peter Ellis when they start the rape culture hysteria.

  7. Mike C

     /  January 22, 2015

    Judith Collins is history now. She tried to prevent David Bain from getting fair due process. Collins hasn’t got a shit show of getting back onto the front bench. LOL.

  8. cheezel

     /  January 22, 2015

    I read through some of the evidence a few years ago – the guy had one lame excuse after another for all the weird circumstances. The bloody clothing, the scratches he couldn’t explain to name just a few. David Bain is guilty but I don’t think the guy would put a foot wrong now. Compensation claim – no way. If he’s game enough to try that on, the Crown should try him for murder again… either way it’s taxpayer money down the drain.

  9. Teresa

     /  January 22, 2015

    To much evidence pointing at him, so no compensation. To compensate him would be a traversty against his family.

  10. Mike C

     /  January 22, 2015

    David Bain was acquitted, so get over your stupid silly small-minded selves !!!

  11. David Bain lost 2 decades of his life. He was finally acquitted. He deserves financial compensation, despite Collins’ clear objections’ and attempt to put the kibosh on a compensation claim. Makes me wonder, why Collins’ was so dead-set against Bain’s bid for compo, when Amy Adams is looking at the case again.

  12. johnnytheshu

     /  January 24, 2015

    If you were his newly wedded wife and you had a big row before bed how confident would you feel about waking up in the morning? (I’m just off to get the paper dear…)

    Also being acquitted does not equal being found not guilty.