Govt accused of Bain double standard
Wed, 12 Dec 2012 8:03a.m.
By Dylan Moran
David Bain’s most prominent supporter is accusing the Government of a double standard in its handling of his compensation claim.
The Government ordered a report on the compensation claim from retired Canadian Supreme Court Justice Ian Binnie, but yesterday Justice Minister Judith Collins announced a peer review of that same report.
Mr Bain's legal team is upset by these latest developments as they are still yet to see Justice Binnie's original report.
“Say the report had gone against David Bain, would the minister have sent it to us and let us critique it and not given it to Crown Law?" Mr Bain's supporter Joe Karam told Firstline this morning. "Of course she wouldn’t.”
Word of the pending review, to be carried out by former High Court Judge Michael Fisher, QC, first leaked a week ago.
“It seems ridiculous," Mr Bain's lawyer Michael Reed, QC, told Firstline last week. "You spend half a million, you get one of the best top Supreme Court judges in the Commonwealth and then you get a retired High Court judge – which is nowhere near the level of a Supreme Court judge – to review him in secret. That’s wrong. Anything done in secret is never a fair process.”
Justice Binnie says he has no problem with the Government’s announcement of a peer review, but is upset with the lack of transparency and the way Mr Bain’s legal team has been shut out.
“I feel taking the report and giving it to the prosecution,
and not to the other side, strikes me as fundamentally unfair,” he told
RadioLIVE this morning.
Justice Binnie says he believes now that Ms Collins is making
public statements about the contents of the report, it should be released.
The man at the centre of the situation, Mr Bain, is described by Mr Karam as being "emotionally disturbed" by the latest developments.
“As he said to me, he said, 'God almighty what can I do? My first trial has been proven to be a grave substantial miscarriage of justice, I’ve won at the Privy Council, my second trial I was acquitted by a jury, now I was interviewed under oath in the presence of the Crown Law lawyers by Justice Binnie for a whole day, he’s found me innocent and here it’s all going on again.'"
Justice Binnie says the process is "lopsided" and is concerned Ms Collins is trying to paint Government agencies as independent and unbiased in their judgements.
“The minister seems to have a curiously one sided view of 'confidentiality'," Justice Binnie wrote in a statement released this morning. "She feels free to criticise my report while claiming in the same press release that the report is covered by solicitor-client privilege and, therefore, I am not to disclose the obvious responses to her criticisms by releasing the report."
Prime Minister John Key has not seen the report, but says while costs are climbing because of the ongoing legal action he is confident this will prove to be worthwhile.
“The point really is while there’s a cost and while that cost grows… I think it’s really important that we get it right and so that is a small price to pay,” he told Firstline.
Post a Comment
Before commenting, please take the time to read our moderation guide
(Won't be published)
14/12/2012 9:17:11 a.m.
Extremely good comment Collin. Fisher contends that you can't prove bad faith from what is purported incompetence and Binnie thus had no right to assume. So ironic that they use your argument to create the middle ground
13/12/2012 8:24:29 p.m.
Colin Cherry wrote:
It never ceases to amaze me that members of the public with no legal training or understanding of the law or legal process and who have not heard the evidence for or against David Bain can presume to express an opinion as to his guilt or innocent. Armed with such total ignorance there's is not but a guess (at best) and an uniformed guess and at worse (but more likely) an expression of predetermined and uninformed prejudice. Nor do I understand the comments of numerous Laymen and even a few Lawyers who try to argue that he case against him unproven - In New Zealand a jury is able to reach only one of two possible verdicts- Guilty or Not Guilty - unlike in Scotland where a verdict of Case Unproven is possible. David Bain was found Not Guilty - and in our legal system a person is held to innocent until proven guilty, that verdict means the jury did in fact find Bain innocent according to the laws they were sworn to uphold.
12/12/2012 7:44:29 p.m.
@Cato: Justice Binnie, not Bain. Misprint, but I like it! David Bain as attorney general is a good thought. Chosen calling? No. Most qualified? Yes
12/12/2012 4:34:16 p.m.
Having just read Justice Binnie's full reply, it's Justice Binnie 1 Judith collins/national government 0. In fact judith collins has been shown for what she really is, she has no integrity and has no intent to give David Bain the compensation he deserves. He has never been given a fair trial in this country and the cover up continues. I am ashamed of this mess and it makes one question the integrity of crown law office, the police and all involved with these sham convictions that keep occurring in NZ.
12/12/2012 2:25:47 p.m.
Is Collins for real? Time she went.
12/12/2012 2:12:21 p.m.
What an embarrasment for all New Zealanders. Judith Collins has neither the experience or the standing to be so critical of a decorated Judge of Binnie's position. Especially to do it in such a public manner. Collins clearly doesn't want to annoy many in the electorate who don't know the facts, but think Bain is guilty anyway. The governments handling of this whole situation has been disgusting. Collins should be sacked for her disrespect, biased attitude, clear manipulation, and failing to understand and uphold 'justice' in the full sense of the word, by not including all parties. She didn't get the answer she wanted so she will shop around until she does! Unbelieveable.
12/12/2012 12:56:07 p.m.
Obviously the rule here is "if we don't like it, we'll find a way to either render it null or so bury it that we won't need to deal with it."
12/12/2012 12:31:53 p.m.
Ha ha this is getting very interesting Joe Karam. Maybe now is the correct time to expose the altered forensic crime scene evidence that clearly shows the suicide evidence was deliberately altered to a classic murder. And You have known all about this altered evidence since 1998
12/12/2012 12:06:21 p.m.
There is a huge double standard here.. the only time you send off a peer review to a biased participant like the Solicitor General who's office spent decades trying to imprison Bain is when you want the report to say the exact opposite of what it does say.
Justice Binnie appears to be a man of great integrity, Judith Collins on the other hand is a tax laywer who has little to no knowledge of criminal law... other than how to help clients evade the tax man and how to form family trusts.
12/12/2012 11:34:52 a.m.
david leslie wrote:
When Judith says 'I couldn't in all consciousness release this report' does that mean she will do it when she is unconscious or is New Zealands Minister of Justice unable to use the word 'conscience'? The irony is palpable.
Eventing legend Sir Mark Todd was one of a number of sports ...
A man is dead and a woman is critically injured after an inc...
Tourists in Christchurch are being kicked out of the interna...
Now police in one city have reported dramatic results, slash...
Copyright © 2013 MediaWorks TV. All Rights Reserved.