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No compensation for David Bain

Radio New Zealand Radio New Zealand 1/08/2016

David Bain © Getty Images David Bain David Bain's bid for compensation for wrongful conviction and imprisonment has been declined, Justice Minister Amy Adams has announced.

However, Mr Bain will receive an ex-gratia payment of $925,000 to avoid any further legal action and to recognise it's been six-and-a-half years since he lodged his compensation claim.

"This case has been one of the most complex, unique and high profile cases New Zealand has ever know," Ms Adams said.

Ian Callinan QC, a former Australian judge appointed to consider Mr Bain's case, found in his report that Mr Bain hasn't established his innocence on the balance of probabilities - the threshold for receiving compensation.

But Ms Adams said the process for assessing the compensation claim has taken longer than anyone would have wanted.

Mr Bain's legal team had also indicated they would challenge Mr Callinan's report in court, which would have led to further cost and delay.

Ms Adams said it was desirable to bring finality to the case, hence the offer of the ex-gratia payment, which has been accepted.

That payment recognises the time involved and expenses incurred by Mr Bain during the compensation process and the desirability of avoiding further litigation.

Mr Bain spent 13 years in prison for the 1994 murders of five of his family members before his original convictions were quashed by the Privy Council in 2007. He was acquitted of all five counts of murder at his retrial in 2009.

Mr Callinan was appointed last March to provide the government with fresh advice about whether Mr Bain should be compensated for wrongful conviction and imprisonment.

Mr Callinan's report, which was finalised in January this year, followed two earlier controversial reviews of the compensation claim - which cost the taxpayer about $600,000.

One report that found that Mr Bain was probably innocent and should be compensated was subsequently deemed "fundamentally flawed" by a peer review.

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