Long-time supporter Joe Karam has accused former Justice Minister Judith Collins of shafting David Bain, as a fresh inquiry into his compensation bid is announced.
Justice Minister Amy Adams says the Government has agreed to set aside all previous advice relating to Mr Bain's claim for compensation for wrongful conviction and imprisonment for his family's murders.
Former Canadian Supreme Court judge Justice Ian Binnie was appointed to provide advice on the claim in November 2011. He completed his report in August the following year.
After being made aware of concerns raised about Justice Binnie’s report and receiving advice from the Solicitor-General, Ms Collins decided to seek a peer review by former High Court judge Dr Robert Fisher.
Dr Fisher found that Justice Binnie’s report contained a number of errors and was, therefore, unsafe to rely on.
Ms Adams says she believes Cabinet doesn't have the information in front of it one which it could "reasonably reach a decision".
Therefore, the advice of both Justice Binnie and Dr Fisher will be set aside and a new inquirer appointed, she says.
Speaking to 3 News this afternoon, Mr Karam said it's "sad" that Mr Bain has to "go through it all again".
"But I don't make the rules on this game, the Government makes the rules. It's a discretionary matter that they deal with and we have to play their game," he said.
"This case should've been over years ago and hopefully now, it will be."
"I think [Ms Collins] shafted David Bain and that's well-known that I think that," he said.
"At the end of the day, David Bain has been found not guilty by a jury. David Bain has been found not guilty, which means he's innocent. People who have been locked up for years as a result of police ineptitude or mistaken courts shouldn’t have to go through what David Bain and others have to go through to be compensated for that."
Ms Adams said it is important the final decision on whether to grant compensation is durable and withstands the close scrutiny the case attracts.
"Conducting a fresh inquiry is the best approach in the circumstances and enables Mr Bain’s claim to be progressed on a proper and robust basis,” she says.
In a press conference, Ms Adams said she regretted the situation of spending more taxpayer money on the case, “but this is where I am. I cannot make a decision based on what is in front us.”
“We could say no [to compensation], but we would be saying no without any proper analysis.”
The money already spent on the previous reports is now “money that isn't going to help us, but unfortunately that has been incurred – Justice Binnie gave us a report we weren't able to use".
Ms Adams hoped the report would be finished by the end of the year once the inquirer and terms of reference are confirmed, based on Justice Binnie taking around 10 months to complete his work.
“I'm certainly keen to resolve it as soon as we can.”
Ms Adams said there is “not a shortage” of people who are on the list as the possible inquirer and had no view on whether it would be someone from New Zealand or someone from overseas.
Labour justice spokeswoman Jacinda Ardern says it is “disappointing” the whole process will have to be started again.
“I accept the argument Cabinet needs a full set of information that is accurate in front of them, but we wouldn't have to go through this process again had the original Minister of Justice not spent half-a-million dollars on an inquiry that gets us nowhere.”
3 News
source: newshub archive
