23 Jan 2015

Bain compensation bid back on track

8:35 am on 23 January 2015

Cabinet ministers will resume considering David Bain's bid for compensation, which stalled almost two years ago, Radio New Zealand reports.

Bain asked for his claim to be put on hold while he sought a judicial review of how then-Justice Minister Judith Collins had handled it. He has now dropped those proceedings, following a confidential agreement with new Justice Minister Amy Adams.

“With the matter resolved, Cabinet can now resume its consideration of Mr Bain's claim for compensation for wrongful conviction and imprisonment,” the Justice Minister said.

Adams will now discuss the next steps with Cabinet and make a further announcement in due course.

In a report released in late 2012, a former Canadian Supreme Court judge, Ian Binnie, concluded that Bain was innocent of the murders of his family and suggested he should receive compensation. However, Collins then sought a review of that report, which criticised the findings as legally flawed.

Bain's legal team sought a judicial review, arguing that Collins had pre-determined the claim and could not distinguish between her role as Justice Minister and her previous role as Police Minister.