Cabinet consideration of David Bain’s compensation quest resumes
“This discontinuance does not resolve Mr Bain's underlying compensation claim, just the separate judicial review process"
Justice Minister Amy Adams has confirmed that judicial review proceedings undertaken by David Bain have been discontinued following an agreement between Mr Bain and the Crown, and that the cabinet will now resume its consideration of Mr Bain’s claim for compensation for wrongful conviction and imprisonment.
In February last year, at Mr Bain’s request, the cabinet had agreed to put on hold its consideration of his application for compensation, pending the findings of judicial review proceedings he had filed and has now had discontinued.
“This discontinuance does not resolve Mr Bain’s underlying compensation claim, just the separate judicial review process,” Ms Adams said in a statement. “ I plan to discuss next steps with my cabinet colleagues over the coming weeks.
“While the details of the agreement are confidential, I can confirm that there was no contribution made toward Mr Bain’s compensation claim as part of this discontinuance.”
Ms Adams confirmed there will be a further announcement regarding the consideration of the application in due course.
Mr Bain’s bid for compensation began in 2010.
Retired Canadian judge Justice Ian Binnie produced an independent report on his case that concluded Mr Bain was innocent “on the balance of probabilities” and recommended that he be given financial redress for his decade-plus of imprisonment after being found guilty of the 1994 murder of his parents and three siblings.
Mr Bain was acquitted at retrial in 2009.
However, Justice Binnie’s findings were questioned by then-Justice Minister Judith Collin, who ordered a review of the report by then High Court Judge Robert Fisher.
Justice Fisher decided it would be “unsafe” to act upon the Binnie report.
Mr Bain filed for a judicial review of Ms Collins’ decision two years ago.
Staff reporter
Thu, 22 Jan 2015
Thu, 22 Jan 2015
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Cabinet consideration of David Bain’s compensation quest resumes
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