Bain beats Collins for Auckland venue

UPDATE: David Bain has won his bid to have his judicial review of Justice Minister Judith Collins’ management of his compensation claim heard in Auckland.

Justice Patrick Keane released his decision – in Mr Bain’s favour – this evening.

Miss Collins’ application for the hearing to be transferred to Wellington High Court was declined.

There was no compelling reason to transfer the case, and it could be argued equally well in Auckland or Wellington, Justice Keane said.

He also said Mr Bain is entitled to costs.

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April 11: David Bain’s lawyers were pushing today for his case against Justice Minister Judith Collins' management of his compensation claim to be heard in Auckland.

Mr Bain wants a judicial review of how Miss Collins handled a report from retired Canadian Supreme Court Judge Ian Binnie into his claim for compensation for wrongful imprisonment.

Mr Bain's allegations against Miss Collins include that she acted in a pre-determined manner, abused her power and breached his rights to natural justice.

Justice Patrick Keane heard arguments in Auckland High Court from both sides as to where the trial should be heard in July.

The Crown wants to move the trial to Wellington but Mr Bain’s Queen’s counsel Michael Privett Reed wants it to stay in Auckland – largely to keep the travel and accommodation expenses down.

He said Mr Bain’s financial circumstances were difficult and asked Justice Keane to consider the fact he was in that position because of a miscarriage of justice and the minister’s decision to disregard the Binnie report.

Mr Bain was convicted of murdering five members of his family in Dunedin in 1995 but that conviction was overturned after the Privy Council ordered a retrial in 2009.

He applied for compensation in 2010 – which is awarded at the discretion of Cabinet.

The government commissioned Mr Binnie’s independent review of the claim, which found “it is more likely than not” that Mr Bain is “factually innocent” and he should receive compensation for the 13 years he spent in jail.

But at Miss Collins’ behest, the report was peer-reviewed by former High Court judge Robert Fisher, who found it seriously wanting.

Justice Keane reserved his decision.

Read how Otago University law professor Andrew Geddis earlier rated on NBR ONLINE Mr Bain’s chances of succeeding in his judicial review here.

gbond@nbr.co.nz