Bain faces tough test for compensation
David Bain will have to produce compelling evidence of his innocence to succeed in his bid for compensation for wrongful conviction and imprisonment, says Justice Minister Simon Power.
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David Bain will have to produce compelling evidence of his innocence to succeed in his bid for compensation for wrongful conviction and imprisonment, says Justice Minister Simon Power.
Mr Power said yesterday the claim was outside Cabinet guidelines but could still be considered under the "extraordinary circumstances" category.
That means the bar is even higher than the usual condition that innocence has to be proved on the balance of probabilities before compensation is granted.
Asked for examples of "extraordinary circumstances", Mr Power said it could be "irrefutable DNA evidence or something like an admission by the police that there had been a wrong assessment".
Mr Bain was convicted in 1995 of murdering five members of his family in Dunedin.
In 2007 the Privy Council quashed his convictions on the grounds of a substantial miscarriage of justice and ordered a retrial.
In June last year, after 13 years in jail, he was found not guilty at a retrial.
Mr Bain's lawyers wrote to Mr Power in March notifying him of a claim for compensation, and again this month about the process for the claim.
Mr Power replied yesterday, outlining the test that the claim had to meet.
He said that under Cabinet guidelines the category of claimants who were eligible for compensation was limited to those who had their convictions quashed on appeal without order of retrial, or who had received a free pardon.
To receive compensation, claimants had to establish their innocence on the balance of probabilities.
"Mr Bain's claim falls outside the guidelines because he was acquitted following a retrial," Mr Power said.
"For claims that fall outside the Cabinet guidelines something more is required that demonstrates that the circumstances are extraordinary."
Mr Power said Mr Bain would have to prove that to a third party, probably a QC or someone from outside New Zealand's jurisdiction.
"It wouldn't be the sort of matter that could necessarily be determined in a matter of months," he said.
NZPA
Wed, 21 Apr 2010
Wed, 21 Apr 2010
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Bain faces tough test for compensation
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