Bain compo decision could take months

ANDREA VANCE
Last updated 10:55 29/01/2013

Relevant offers

National

Missing boy's mother files legal action on Queenstown house Fatal car crash near Invercargill Maori Council ditches Donna Hall's law firm over TPP claim Dunedin brothel set to open doors to public Man shot dead by police had left home to chase the American dream Smoke alarms save elderly couple in Christchurch house fire However rare, tourist attacks hurt New Zealand's reputation Volunteer injured at speedway is furious no-one can be held accountable Ashburton rest home criticised after 96-year-old dies during flu outbreak Investigation after doctors' prescriptions strewn through neighbourhood

Justice Minister Judith Collins will take recommendations to Cabinet on the David Bain compensation claim – but a final decision is months away.

Late last year she rejected a report on the claim by retired Canadian judge Ian Binnie and ordered a peer review by Robert Fisher QC, which backed her concerns.

Ministers must now decide whether to ask Fisher to continue on the case, or commission a new lawyer or an independent panel to produce a new report.

Collins confirmed all of these options would prolong settling Bain's claim for wrongful conviction and imprisonment. She said this morning a final decision would be "some time yet" and could take months.

The report and peer review has so far cost $500,000.

Bain was convicted in 1995 of murdering five members of his family in Dunedin and spent 13 years in jail. He was acquitted by a jury at a retrial in 2009, and subsequently submitted an application for compensation.

Estimates suggest he could get a $2 million payout – but because his case falls outside Cabinet guidelines he is not automatically entitled to compensation.

"Even though there has been a lot of money spent on this, and there will no doubt be more money spent on a report of some form, it is not a matter of money," Collins said.

"It is a matter of justice and it needs to be seen to be done."

Ad Feedback

- Stuff

Special offers

Featured Promotions

Sponsored Content