Second Bain report likely, says Collins
Tue, 29 Jan 2013 11:14a.m.
A decision on David Bain's compensation claim is still months away, with the Government likely to order a second report after shelving a $400,000 report by a retired Canadian judge.
Justice Ian Binnie was commissioned to review Mr Bain's claim for wrongful conviction and 13 years in prison, recommending the government compensate him in a report to Justice Minister Judith Collins last year.
Ms Collins canned the report after a peer review by Robert Fisher QC, saying it was "fundamentally flawed" and would not be put to Cabinet.
On Tuesday, Ms Collins said she will take recommendations for new options to decide Mr Bain's claim to cabinet next Monday.
Those could include Dr Fisher completing a report on the claim, appointing someone new to assess it, or appointing a panel to decide.
"It's entirely up to cabinet. I'll put some options, recommendations, but I'm not pre-judging what cabinet will say," Ms Collins said.
A final decision on the claim was some time away yet.
"The timeframes will obviously be extended depending on what the option is that cabinet decides. Clearly if there's a panel, it'll probably take longer than if Dr Fisher was asked to do it, or if there was another QC it will also take longer."
A panel would be "significantly more expensive" than a QC, she said.
Otago University law professor Andrew Geddis, former Law Commission president Sir Geoffrey Palmer and Labour's justice spokesman Charles Chauvel are all urging the Government to convene a panel to consider the claim.
Mr Bain spent 13 years in prison after being convicted in 1995 of killing his father, mother, brother and two sisters at their Dunedin home.
The Privy Council quashed the convictions in 2007 and in 2009 Mr Bain was acquitted at a retrial.
The Government is under no obligation to pay compensation, but according to the formula used in its last compensation payment, Mr Bain stands to receive about $2 million for loss of liberty and livelihood, and emotional harm.
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8/04/2013 8:23:34 a.m.
There is no ability to comment after the next 5 David Bain articles. What a sleazy thief ex justice Fisher is. How could it cost $20000 to print a $1000 report? It should have taken 5 hours to dream up, for a theorist, that is!
5/02/2013 10:44:22 a.m.
Sir Paul Holmes wrote: "New Zealand officialdom has a history of corruption and covering up"
3/02/2013 9:36:21 a.m.
I would love to have seen an interview by Paul Holmes of Judith Collins and Ian Binnie. I would also have been keen to watch an interview by Sir Paul of David Bain
29/01/2013 4:15:32 p.m.
Agree with all previous comments, but I believe this is all a stalling tactic to hide the truth, the cover and the incompetence of David Collins, the 94 class of Dunedin CIB, the Coroner's office, etc
29/01/2013 1:36:21 p.m.
John Key is what reminds us of the Dotcom debacle, willing to take the mans 11 Million dollars, knew his agency was illegally spying, destroyed the tape of the meeting he had at the GCSB just so he couldnt get caught out in a lie... again.
But Collins will commission as many reports as it takes to ensure she gets a report that says exactly what she wants it to say, its the ultimate sign of a corrupt mind.
29/01/2013 12:29:38 p.m.
Shelviing the $400,000 one was the right thing to do, it should be at least 5 times that!!!!!!!!!!!!!!!!!!! He had the prime of his life taken from him and you Mz Collins are trying to shaft him again. Typical National Nazi's ah, take take take but no give!!!! The next election gets closer each day and you guys dig deeper each day. Can't wait!!!!!
29/01/2013 12:04:44 p.m.
What a waste of time and money. Just pay the guy and close the book. How stupid will this get. Reminds us of the Dotcom debacle.
29/01/2013 11:37:23 a.m.
Minister of Injustice wrote:
Collins is using standard ACC tactics on this - commission report after report until she gets one that says what she wants... and then that will be the one and only report that will be correct and valid. What a disgrace and travesty of justice and fairness.
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