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David Bain's judicial review to be heard in Auckland

Published: 7:51PM Tuesday April 16, 2013 Source: ONE News

David Bain has won the right to have his case against Justice Minister Judith Collins heard in Auckland.

Bain is seeking to have a judicial review into the way in which the Government handled a report into his case for compensation late last year.

His decision to file the application for the review in Auckland was challenged by Collins last month.

Collins said everything material to Bain's application happened in the Capital and the case should be heard by the High Court in Wellington.

However, Justice Patrick Keane has denied the Minister's application for transfer.

"I find that Mr Bain was entitled to bring his application for review in the Auckland Registry of this Court and I decline the Minister's application for transfer of the case to the Wellington Registry," Keane said in his ruling.

The Judicial Review will begin in late July.

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Late last year the report, by retired Canadian judge Ian Binnie, concluded Bain was innocent of murdering his family and should receive compensation for the 13 years he spent in prison.

Bain could be awarded several million dollars but Collins rejected the report, describing it as flawed, and ordered a peer review by New Zealand lawyer Robert Fisher.

Long-time David Bain supporter Joe Karam said it was the secrecy with which Collins acted against the report which they are challenging.

"From the day Justice Binnie's report landed in Judith Collins' office she deliberately decided to exclude David Bain and his team from what she then did, and even when we wrote letters to her asking what she was doing her response in layman's terms was 'mind your own business'," he told ONE News earlier this year.

Bain's claim for compensation will be deferred pending the outcome of the review.

He 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 acquitted him in June 2009 after almost 13 years in prison.