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The Bain compensation decision

NZ NewswireNZ Newswire 2/08/2016

THE DAVID BAIN COMPENSATION DECISION

Justice Minister Amy Adams has announced that David Bain's bid for compensation for wrongful conviction and imprisonment has been rejected.

WHY?

Retired Australian judge Ian Callinan QC was tasked with assessing Bain's claim. In his report he concluded that Bain had not proved, on the balance of probabilities, that he was innocent. That threshold must be met before compensation is considered.

WHAT IS THE PAYMENT BAIN IS GETTING?

Cabinet has agreed to make an ex-gratia payment of $925,000 to Bain to recognise the time it's taken to consider the compensation claim, the expenses incurred and to avoid further legal action. Adams has emphasised that this payment isn't compensation.

HAS THE PAYMENT BEEN ACCEPTED?

Yes - Bain has accepted the payment and agreed to forgo any legal action against the Crown and related parties over his prosecution, convictions, imprisonment, and application for compensation.

WHAT DOES BAIN SAY?

Bain has told reporters he is innocent and that Adams, Callinan and former Justice Minister Judith Collins have all got it wrong.

WHY HAS THE DECISION TAKEN SO LONG?

Bain lodged his claim for compensation back in March 2010. The first report on the case, by Canadian judge Ian Binnie, was finished in 2012 and it recommended compensation. However, a subsequent peer review of that report deemed it was unsafe. Bain and his legal team launched legal action against Collins. The judicial review proceedings were eventually dropped in early 2015 when Adams agreed to set aside the previous two reports and get a fresh report. Callinan finished his report in January and his findings have been released on Tuesday - almost six-and-a-half years after the claim was lodged.

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