Compo for Bain not guaranteed

Published: 12:32PM Monday June 08, 2009 Source: ONE News

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Legal experts say a big compensation payment for David Bain is not automatic.

This despite him spending more than 12 years in prison for the murders of his family, crimes for which he was found not guilty at his retrial in Christchurch.

Experts say the final decision as to whether he recieves a payout rests with the government.

He may have been victorious at the retrial, but it's not yet the end for Bain.

The not guilty finding was the news he had been waiting for but the question now is where next for the 37-year-old.

After spending 13 years behind bars for the murders of his parents and three siblings, he's now a free man. But will he be compensated for the time he spent locked up?

Legal experts say there are a number of factors that need to be considered.

"Compensation is not an automatic right by law. I don't think people understand that. The government always has a discretion," says Professor Mark Henaghan of Otago University.

The Prime Minister, John Key, says the government has a process to follow as to whether Bain will receive a payout.

"The Bain camp need to put forward a compensation claim. It would then be considered by an independent Q.C. who would give advice to the Cabinet of whether they believe he is innocent. It's a different test to the one that was in the court," says Key.

And following his acquittal there has been public outpouring of support for Bain.

A website set up by the friends of Bain has been inundated with 21,000 views over the weekend. The heavy demand has meant the website has even had issues with running smoothly.

Auction website Trade Me has a painting for sale inspired by the famous jersey Bain wore during an early court appearance.

The Dunedin artist says it's on sale for $15,000 with 10% going to charity which may include Bain's fund.

Bain's lawyers say they have made no decision whether to seek compensation yet and that the issue will be addressed in a few weeks.

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