Bain should get compo - report
Thu, 13 Dec 2012 2:55p.m.
By Angela Beswick and Lloyd Burr
A former Supreme Court judge’s report into David Bain’s compensation claim concluded he should be paid out by the Government for his time spent in prison.
In his report, Justice Ian Binnie said acts and omissions of the Dunedin police played a significant part in Mr Bain’s arrest. However, Justice Minister Judith Collins says his report is simply not credible.
Ms Collins has this afternoon released two reports into Mr Bain’s compensation claim.
The first report is that of retired Canadian Supreme Court judge Ian Binnie. The second, a peer-reviewed version of the original, requested by Ms Collins after alleged discrepancies in Justice Binnie’s findings.
“I told Mr Binnie that I had decided to have this matter peer reviewed and he did not like that, actually,” she said.
At a press conference this afternoon, Ms Collins said Justice Binnie went far beyond his mandate and Robert Fischer QC had identified an “extensive” list of errors in his report.
"Mr Binnie made fundamental errors of principle," she said.
“[His] approach was markedly generous to Mr Bain in its reliance on background facts sourced from him.”
Ms Collins said she could not put the report before Cabinet because of the errors.
"It would be unacceptable for me and unfair for New Zealand generally and for Mr Bain, to take a recommendation to Cabinet for compensation based on a flawed report.
"It would have been so much better if Mr Binnie's report was of better quality. If it was clearly one I could rely on, I would have put it to Cabinet,” she said.
She would not rule out getting another report on Mr Bain's compensation.
"Do you think it's fair for me today to be making such decisions? No," she says.
“Cabinet needs the best and most complete information to base its decision on and it is in Mr Bain’s interest to have his claim concluded as robustly as possible.”
Examples of errors contained in Mr Binnie’s report are:
Cabinet will now consider both reports and will decide on the next steps in this process in the New Year, Ms Collins said.
“Ultimately, this review will not have an impact on Mr Bain’s claim, apart from causing an unfortunate delay to the decision Cabinet will make.”
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15/12/2012 8:54:50 p.m.
Mike John Key borrows money the country doesnt need because he has shares in the bank the country is borrowing from.
So he gets dividends on the countries debt.
Obvious conflict of interest there.
John Key also used to work for Godman Sach's, and now that company of jewish bankers is now selling New Zealand assets.
Another conflict of interest?.
Government also has a conflict of interest when it comes to restitution, its something that should be dicided by an independent body not affliated with government, because if a government can find a way to not pay restitution it will.
No matter what party is in government, so these decisions need to be taken out of their hands.
15/12/2012 2:28:28 a.m.
What is it about this whole fiasco that leads to such dogged and under handed tactics from the Crown???When Clarke was in she wayed into the affair calling Joe Karram a Murderer...Now this administration sees fit to judge without a hearing and in secret...What next borrow money when it's not required, merely because they got a good price???Oh yeah they broke that trust ages ago...
13/12/2012 8:09:47 p.m.
Bruce Bevin wrote:
Judge Ian Binnie was accepted to make a finding on the Bain case, the fact that Judith Collins reckons he can't spell and took offence at him using Capitals in his email to her, and got another solicitor to review The judges findings does not mean "diddlely Squat", save the $500,000 towards David Bains compensation! Stop wasting Taxpayers money Judith Collins! Pay Bain and be done with it! Parliament won't care if Judge Binnies report has spelling mistakes or that he used capitals in his email to you Judith Collins!
13/12/2012 6:22:39 p.m.
Whether I or anyone else believes that David Bain is guilty or not guilty is not under consideration. But any report, regardless of its conclusions, must be reviewed for soundness of logic and presentation of evidence. I have no problem with the process only with those who have major interest in it's conclusion. All parties assume that everyone believes them and therefore need to tone down the rhetoric.
13/12/2012 5:34:31 p.m.
Just move on Judith Collins you are not scoring any political points stuffing around the only one being discredited is YOU!
13/12/2012 4:27:38 p.m.
Ms Collins did not get the answers from Justice Ian Binnie that she wanted so the report is flawed.!!Looks like she will keep asking for new ones until someone comes up with the answers she wants. $400,00 down the drain on a Ministers whim, Democracy???
13/12/2012 4:07:56 p.m.
Stuart Mathieson wrote:
It is Judith Collin's reasoning that is not credible. The report was clearly withheld since August while a means of discrediting it was organised. It had to be discredited because if the government accepted it and acted on its recommendations they would be seen to be breaking faith with a significant part of their constituency, the rednecks, and it would have dreadful implications for senior bureaucrats in the Justice and Police ministries.
13/12/2012 3:41:25 p.m.
I can smell the double-talk on your breath. wrote:
Let's not forget that Judith Collins is also minister of ACC so she will be very used to discrediting reports from qualified independent professionals simply because they don't meet her pre-determined outcome, ie NO PAYOUT. Absolutely typical of the corrupt behaviour of this self-serving govt.
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