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Collins gets Bain compensation report

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Collins gets Bain compensation report

3News NZ

David Bain was acquitted at a retrial in June 2009

David Bain was acquitted at a retrial in June 2009

Justice Minister Judith Collins has received Canadian Justice Ian Binnie's report on David Bain's compensation claim for wrongful conviction and imprisonment.

Ms Collins says she will consider the report and discuss the recommendations with cabinet.

"I want to thank Justice Binnie for his very comprehensive work. I will be meeting with him in the next two weeks to discuss the report," she said.

The contents of the report won't be released until a decision on whether to compensate Mr Bain is reached by cabinet.

"I will be making a further announcement on Mr Bain's claim in due course," Ms Collins said.

Mr Bain was convicted in 1995 of murdering five members of his family in Dunedin.

However, the Privy Council quashed his convictions in 2007 on the grounds a substantial miscarriage of justice had occurred and a retrial was ordered.

Mr Bain was acquitted at a retrial in June 2009.

A claim for compensation was lodged with former Justice Minister Simon Power in March 2010.

Under cabinet guidelines, Mr Bain isn't eligible for compensation because the Privy Council ordered a retrial when quashing his convictions.

However, cabinet has discretion to consider claims falling outside the guidelines in extraordinary circumstances.

Justice Binnie, a retired Canadian Supreme Court Judge, was appointed in November 2011 to assess the claim.

NZN

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