No Compensation For David Bain

David Bain will not be compensated for wrongfully spending 13 years in prison.

Justice Minister Amy Adams said today that retired judge Ian Callinan had found that Bain was not innocent beyond reasonable doubt.

As a result, the Government would not be making an apology or compensating Bain for his time spent in prison.

However, Adams also said that Bain's team had promised to make a legal challenge to Callinan's report.

In an unusual move, the Government has agreed to make an ex gratia payment to Bain in the interests of bringing closure to the long-running claim. A full and final payment of $925,000 has been accepted by Bain's team.

Adams stressed that the payment was not compensation, and had been offered solely to avoid further litigation and costs to the Crown.

In announcing the decision, Adams said the Bain case was one of the most complex and unique cases ever witnessed in this country.

Even after the latest report, New Zealanders were likely to be divided about the case, she said. But it was in the interests of everyone to bring some closure to the claim, given that the murders occurred 22 years ago.

Adams said Bain's legal team had made it absolutely clear they intended to legally challenge Callinan's report, leading to considerable further cost and delay in this matter.

"While the Crown is confident in the strength of its position in any such review, it's clearly desirable to bring finality to this case and avoid the cost and uncertainty of further proceedings," she said,

"In my view, no one benefits from this matter continuing to drag on. In light of that, the Crown has agreed to make an ex gratia payment of $925,000 in recognition of the time involved and expenses incurred by Mr Bain during the compensation process, and the desirability of avoiding further litigation."

Mr Bain had accepted this payment in full and final settlement of all matters.

"This resolution is a pragmatic one that recognises the unique circumstances of this case and a desire on all sides to bring this matter to a close," Adams said.

"While many New Zealanders hold strong views on the case, the complexities of the evidence and the opinions that evidence has given rise to, are such that those views are likely to continue to be firmly held without clear resolution.

"While the issue has divided opinion in New Zealand, I am satisfied that the matter has at least now been concluded."

The ex gratia payment for Bain is likely to stir further debate about another compensation case, for Teina Pora.

Pora was last month found innocent on the balance of probabilities and was awarded $2.5 million for wrongfully spending 20 years in prison. His legal team is now challenging that payout, saying it should have been adjusted for inflation.

Adams defended the decision to award Bain $900,000 despite him not meeting the threshold for innocence, saying that the money reflects the time, cost, and "desirability" of avoiding future legal challenges.

The result of David Bain's long fight for compensation for wrongful imprisonment was revealed this morning.

Justice Minister Amy Adams held a press conference at the Beehive this morning.
Retired judge Ian Callinan, from Australia, was tasked with deciding whether Bain was "innocent beyond reasonable doubt".

Based on previous awards, Bain could have been entitled to at least $2 million if Cabinet approves compensation.

The Herald revealed in February that Callinan had found that Bain was not innocent beyond reasonable doubt.

But the final decision on compensation rested with the Cabinet.

It is the latest chapter in a long-running battle between Bain and the Government.

A 2012 report by former Canadian Supreme Court Justice Ian Binnie recommended compensation based on the view that Bain was probably innocent - not innocent beyond reasonable doubt.

Judith Collins, the Justice Minister at the time, ordered a peer review of the report by QC Robert Fisher, which found that Binnie made several errors of law.

Bain's legal team sought a judicial review of Collins' handling of the claim, which was later discontinued after a confidential settlement.

After Adams took over the justice portfolio, she launched a fresh inquiry, led by Callinan, and said all previous advice on the matter would be set aside.

Bain was convicted of murdering his parents and three siblings in June 1994. He served 13 years in prison before the Privy Council quashed his convictions and he was acquitted in a retrial in 2009.

The amount that Government pays in wrongful imprisonment cases in under scrutiny.

Last month, the Government confirmed it would pay Teina Pora $2.5 million in compensation after he was found innocent on the balance of probabilities by a retired judge.

Pora's legal team is challenging the payout, saying that it should have been adjusted for inflation.

Pora spent 20 years in prison for the murder and rape of Susan Burdett, a crime he did not commit.

Long fight for compensation:

• May 1995: David Bain convicted of killing five family members in Dunedin.
• June 2009: Conviction quashed in a retrial after Privy Council appeal.
• Nov 2011: Canadian judge Ian Binnie investigates compensation issue.
• Aug 2012: Binnie concludes Bain should be compensated. Justice Minister Judith Collins seeks a peer review from Robert Fisher QC.
• Dec 2012: Fisher review says Justice Binnie's report was inaccurate and cannot be used.
• July 2013: Bain's legal team seek judicial review of Collins' handling of compensation claim.
• Sep 2014: Amy Adams is made Justice Minister.
• Jan 2015: Judicial review discontinued after confidential settlement between Govt and Bain's team.
• Feb 2015: Adams confirms the compensation process will start afresh, with all previous advice put aside.
• Feb 2016: Herald reveals new report has found Bain is not "innocent beyond reasonable doubt".
• Today: Govt reveals compensation decision.

- NZ Herald