Sunday, December 16, 2012

John Key defends Govt handling of Bain compo case...

English: Memorial to the family of David Bain,...
English: Memorial to the family of David Bain, Mosgiel, Dunedin, New Zealand. (Photo credit: Wikipedia)
English: David Bain after he was proven innocent
English: David Bain after he was proven innocent (Photo credit: Wikipedia)
Reunión con Primer Ministro de Nueva Zelanda, ...
Reunión con Primer Ministro de Nueva Zelanda, Japón. (Photo credit: Wikipedia)
English: New Zealand National Party Cabinet mi...
English: New Zealand National Party Cabinet minister Judith Collins, at the National War Memorial - Wellington - 15 Sep 2010 (Photo credit: Wikipedia)
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Prime Minister John Key is defending his current and former justice ministers for their role in David Bain's drawn-out case.

Prime Minister John Key is defending the government's handling of David Bain's compensation claim, after a $400,000 report by a retired Canadian judge was shelved over concerns about its findings.
Justice Ian Binnie recommended Mr Bain should be compensated for wrongful conviction and 13 years in jail, concluding that on the balance of probabilities he didn't murder five members of his family in Dunedin in 1994.
Justice Minister Judith Collins sparked a spat with Justice Binnie after she told media his report would not stand up to scrutiny.
In a peer review, Robert Fisher QC supported Ms Collins' concerns, saying Justice Binnie went beyond his brief, ignored vital evidence, was "markedly generous" to Mr Bain and took the not guilty verdict in Mr Bain's retrial as essentially proving innocence.
Cabinet will now have to decide on a new way to consider Mr Bain's claim.
Mr Key is backing Ms Collins' handling of the matter, telling Newstalk ZB "it was probably never going to be tidy" when she felt "very uncomfortable" about the report.
He also defended former justice minister Simon Power, who appointed Justice Binnie to the task in 2010.
"Whether that was a good or bad choice, well you can pick your own poison but certainly the government's not satisfied that the report is the right one. Look, at the end of the day, these things happen," Mr Key told Radio Live.
Mr Key said it was not as simple as him getting involved to resolve the claim faster, as the issue was the whether Mr Bain was innocent on the balance of probabilities - a higher threshold than beyond reasonable doubt.
The government gives compensation only for the balance of probabilities threshold.
Mr Key gave the example of Rex Haig, who served 10 years in prison for a 1994 murder before the Court of Appeal quashed his conviction.
However, the government rejected his compensation claim, after a report - also by Mr Fisher - cast doubt on his innocence."

Quite frankly the onus is on the Bain defence to prove his innocence. He was convicted for murder and served 13 yrs. The Privy Council recommended a retrial which found Bain not-guilty beyond a shadow of a doubt. He was not found "innocent" regardless of what some Canadian retired judge Binnie  claimed. A second opinion did not support Justice Binnie's report. that cost $400,000 and looks like much more down the track. The right thing has nothing to do with it. I don't believe Robin Bain did it either - so as I said previously, was an alien responsible for the murder of the Bain family.?

The Minister of Justice Judith Collins, the Prime Minister, John Key, and the Cabinet can discuss this in private in the New Year. It has nothing to do with politics, left v right or anything else. I've been long known for my left of centre opinions, and support the current right-wing government to do its job!  If they don't believe David Bain is innocent - don't give him a cent of compensation - it is Joe Karam who is pushing this compo claim anyway. Let Karam find a regular job in any case!

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