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Blow for David Bain's legal team

Published: 5:28PM Wednesday August 21, 2013 Source: ONE News

An attempt by David Bain to obtain documents related to his compensation bid has largely failed.

Justice Minister Judith Collins commissioned a report from a former Canadian judge, Ian Binnie, into whether Mr Bain should be compensated for wrongful imprisonment.

Justice Binnie found that on the balance of probablilities, Mr Bain did not murder five family members in Dunedin in 1994 and compensation should be paid for the years he spent in prison.

But the Minister ordered a review of that report, which found it was flawed.

A hearing at the High Court in Auckland was held last month to determine whether Mr Bain's legal team should be granted access to 250 documents that it says contributed to the Minister's decision to review Justice Binnie's report.

But in a decision released this evening, High Court judge Patrick Keane largely backed Judith Collins' view that the information is legally privileged.

Justice Keane has ruled that most of the documents should not be released.

"Finally, I conclude the documents for which the Minister has claimed the privilege of the Crown as a whole intelligibly attract that privilege, except at the periphery, and that will call for some further documents to be released," Justice Keane wrote.

Mr Bain spent 13 years in jail before being found not guilty at a re-trial in 2009.

The Bain team is seeking a judicial review of Ms Collins' handling of the compensation claim.

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