Govt: Too early to rule out Bain compensation

Govt: Too early to rule out Bain compensation

The Government says it's too early to rule out compensation for David Bain, despite a leaked report that appears to find that he's not innocent beyond reasonable doubt.

And the battle for that compensation may have got a bit harder.

John Key was dressed for a sod turning ceremony -- but armed with a shovel, it was as though he was looking for more leaks. 

The latest -- a snippet of a report by an Australian judge which finds David Bain was not innocent beyond reasonable doubt for the murders he was cleared of in 2009.

The Government is playing down the impact of the leak.

"It doesn't really mean too much -- in the end, ultimately people would need to see the report," Mr Key says.

Justice Minister Amy Adams also got stuck in saying she was disappointed.

"It's terribly disappointing, but I don't know where it's come from -- the process continues."

In a statement to Newshub, David Bain's long-time supporter, Joe Karam responded.

 "I am quite stunned by the situation. It appears the protocol established by the Government has been broken somewhere along the way."

The finding by Justice Callinan that Mr Bain is not innocent beyond reasonable doubt would contradict the first report by Canadian Justice Binnie who recommended compensation be awarded.

His findings were thrown out for being inaccurate after a review ordered by then Justice Minister, Judith Collins.

"I think her conclusion was off the bat David Bain was guilty, and that the police had been maligned, and that the Government position had to be vindicated," Justice Binnie says. 

The Prime Minister refuted that statement.

"That would be a misguided comment, because while Judith Collins has come back she's come back in her capacity as Minister of Police and Minister of corrections. This is a matter that will be handled by the Minister of Justice in the first instance."

Labour's Jacinda Ardern wants an investigation into whether a Minister of Government was involved in the leak.

"I'd be interested to know whether that could be a possibility -- there aren't many places it could have come from but I hope the Minister of Justice is investigating. Nobody can afford to have this process derailed again."

It's not yet clear whether that process could still make allowances for compensation despite the latest findings.

The terms of the first report by Justice Binnie were clear that finding Bain innocent beyond reasonable doubt was a necessary benchmark for compensation to go ahead. 

Ultimately the final decision will be made by cabinet, but given the likelihood of significant debate around Justice Callinan's findings -- that still looks to be some time off.

Newshub.