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David Bain
Retired Canadian Supreme Court Judge Justice Ian Binnie. - Source: Supplied -
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The man acquitted in one of New Zealand's most notorious murder cases today met with the judge appointed to advise the Government on whether he should be compensated for wrongful imprisonment.
The Ministry of Justice appointed retired Canadian Supreme Court judge Ian Binnie in November last year to provide advice on David Bain's compensation bid.
Binnie said today's interview in Auckland took all day, and related to the Bain family deaths on June 20, 1994, and the subsequent criminal proceedings.
"The purpose was to assist me to make a recommendation to the Minister with regard to disposition of David Bain's compensation claim," he said.
Bain was convicted in 1995 of murdering five members of his family in Dunedin. In 2007, the Privy Council quashed his convictions on the grounds of a substantial miscarriage of justice and ordered a retrial.
A jury found him not guilty in June 2009 after almost 13 years in prison.
Binnie previously requested two books by ex-All Black and supporter Joe Karam to help gather background information on the case.
The books requested by Binnie detailed the failed defamation case by two policeman against Karam and claims that police planted evidence to charge Bain.
In 2011, then Justice Minister Simon Power appointed Canadian Binnie because of the publicity surrounding the case in New Zealand.
"Due to the long-running and high-profile nature of the case, and after consultation of Mr Bain's lawyers, it was decided a judge from outside of New Zealand would be appointed," Power said.
Binnie was a Queen's Counsel in 1979 and served as the Canadian Associate Deputy Minister of Justice from 1982 to 1986. He has served on the Supreme Court of Canada for more than 13 years.
Legal grounds for compensation
Appointing Binnie is part of the legal process to asses compensation for wrongful imprisonment and conviction.
Power said last year Bain's claim fell outside existing Cabinet guidelines for granting compensation because he was initially found guilty and only acquitted following a retrial.
However, Bain is claiming compensation under the rules for "extraordinary circumstances".
This means the Ministry will need to consider the harm suffered by the applicant, whether the applicant is "innocent on the balance of probabilities", and whether it is in "the interests of justice" that compensation is paid.
Binnie will decide if Bain is innocent on the balance of probabilities, and if so, will then make a recommendation for an amount of compensation calculated under Cabinet guidelines.
The Minister of Justice then makes a recommendation to Cabinet, which ultimately decides on compensation.