Author Topic: Reports for compensation  (Read 175 times)

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Offline Holly Goodhead

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Reports for compensation
« on: August 24, 2017, 03:41:08 PM »
Following DB's retrial which resulted in a verdict of not guilty he sought compensation for wrongful conviction and imprisonment.  This resulted in the NZ government eventually making an ex gratia payment of 925,000 NZ dollars. 

The NZ government sought advice from two eminent judges: Justice Ian Binnie and Justice Ian Callinan.

Justice Ian Binnie concluded:

It is my recommendation that David Bain receive compensation for the wrongful 1995
conviction and the consequential 13 years in jail. Although his factual innocence has not been
established beyond a reasonable doubt, I conclude that it is more likely than not that David
Bain is factually innocent according to the lower civil standard of “balance of probabilities”.


The full report:

https://justice.govt.nz/assets/Documents/Publications/2012-David-Bain-amended-report.pdf

Justice Binnie CV:

http://www.3vb.com/our-people/download-cv/hon-ian-binnie-c.c-q.c

Justice Ian Callinan concluded:

"Addressing the sole question I am asked, and confining myself strictly to it, my answer is that the applicant has not proved on the balance of probabilities that he did not kill his siblings and parents on the morning of the 20th June 1994". 

The full report:

https://admin.beehive.govt.nz/sites/all/files/Ian%20Callinan%20Report.pdf

Justice Callinan Bio/CV:

http://www.hcourt.gov.au/assets/justices/coper_hca2_callinan.pdf
Justice for Sheila and Jeremy. Victims of poorly arranged baby scoop era adoptions. Australia has apologised. Time for the UK to do the same?  http://www.youtube.com/watch?v=5hVbokTpYeg http://www.parliament.uk/edm/2012-13/92

Offline Angelo222

Re: Reports for compensation
« Reply #1 on: August 24, 2017, 05:15:04 PM »
Following DB's retrial which resulted in a verdict of not guilty he sought compensation for wrongful conviction and imprisonment.  This resulted in the NZ government eventually making an ex gratia payment of 925,000 NZ dollars. 

The NZ government sought advice from two eminent judges: Justice Ian Binnie and Justice Ian Callinan.

Justice Ian Binnie concluded:

It is my recommendation that David Bain receive compensation for the wrongful 1995
conviction and the consequential 13 years in jail. Although his factual innocence has not been
established beyond a reasonable doubt, I conclude that it is more likely than not that David
Bain is factually innocent according to the lower civil standard of “balance of probabilities”.


The full report:

https://justice.govt.nz/assets/Documents/Publications/2012-David-Bain-amended-report.pdf

Justice Binnie CV:

http://www.3vb.com/our-people/download-cv/hon-ian-binnie-c.c-q.c

Justice Ian Callinan concluded:

"Addressing the sole question I am asked, and confining myself strictly to it, my answer is that the applicant has not proved on the balance of probabilities that he did not kill his siblings and parents on the morning of the 20th June 1994". 

The full report:

https://admin.beehive.govt.nz/sites/all/files/Ian%20Callinan%20Report.pdf

Justice Callinan Bio/CV:

http://www.hcourt.gov.au/assets/justices/coper_hca2_callinan.pdf

It appears that both judges came to the same informed view that there still remains much doubt over David Bain's involvement in the killings.  In fact I have yet to see any evidence which supports his innocence.  The jury at the second trial must have decided that he couldn't be convicted since his guilt could not be determined beyond a reasonable doubt.

In my opinion he was extremely lucky to have been acquitted.  The ex gratia payment made to him must have raised a few eyebrows at the time.
« Last Edit: August 24, 2017, 05:23:30 PM by Angelo222 »
De troothe has the annoying habit of coming to the surface just when you least expect it!!

Je ne regrette rien!!

Online John

Re: Reports for compensation
« Reply #2 on: August 26, 2017, 11:00:49 AM »
Thank you for posting the above reports Holly, I will get a chance to read them in due course.  The case is certainly intriguing and mirrors the Bamber case extremely well. One could be forgiven for thinking that the Bamber case had some sinister influence in the Bain case coming as it did nearly nine years later.
« Last Edit: August 26, 2017, 11:05:16 AM by John »
A malicious prosecution for a crime which never existed. John Lamberton exposes malfeasance by public officials.
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