David Bain's new bid for compensation will be considered by a retired Australian judge, the Justice Minister has announced.
Hon Ian Callinan AC QC, former Justice of the High Court of Australia, will head the inquiry into whether Mr Bain should be granted recompense for wrongful conviction and imprisonment for the murder of his family.
Justice Minister Amy Adams announced last month a fresh look at the case would get underway following the Government's dismissal of a report by retired Canadian Supreme Court judge Ian Binnie in 2011.
Ms Adams said Cabinet needed a fresh inquiry because it did not have the information available to make a call about compensation.
In making the announcement today, Ms Adams said Mr Callinan was a highly-respected member of the Australian legal fraternity.
"He brings a diverse mix of experience and expertise, following an exemplary career of nearly forty years practice as a lawyer and nine years on the bench of the High Court of Australia," she says.
"I consider Mr Callinan to have the right breadth and depth of experience."
His appointment is a "significant step" in the case as well as finally bringing it to a close.
It was also important to have an overseas head of the inquiry to "remove any perception of influence of public opinion".
However, there were a number of New Zealand judges who could have also done the job, she said.
Initially Mr Callinan will look at whether he is satisfied Mr Bain has proven he is innocent of shooting his parents Robin and Margaret, two sisters Laniet and Arawa and brother Stephen in their Dunedin home in 1994, on the balance of probabilities.
If so, he must consider whether Mr Bain has proven his is innocent beyond reasonable doubt.
"Mr Callinan is being asked the latter question at this stage because Cabinet has previously treated innocence beyond reasonable doubt as an example of 'extraordinary circumstances'," Ms Adams says.
He has not yet been asked to give a view on whether Mr Bain should get compensation.
Ms Adams denied the Government wanted the report to find no compensation should be paid.
"All I'm searching for is to bring a fair and robust resolution to this matter. It's taken too long. I think everyone agrees it's taken too long and needs to be resolved," she said at a press conference this afternoon.
Cabinet will consider Mr Callinan's advice on these points before any further advice is sought.
It is expected Mr Callinan will report back to Ms Adams within six months.
He will be able to interview anyone he wants, including Mr Bain and other "key players" in the case, however he has been told not to use anything from the Binnie report.
READ MORE:
- David Bain gets fresh compensation inquiry
- At A Glance: A 20-year timeline of the David Bain case
- Who is Ian Callinan?
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source: newshub archive
