Saturday, December 29, 2012

Reax 2: Poll shows most Kiwi's support paying compensation to David Bain "'Poll: Give Bain compo." New Zealand Herald.

STORY:  Poll shows most Kiwi's support paying compensation to David Bain. "Poll: Give Bain compo," by reporter David Fisher, published in the New Zealand Herald on December 28, 2012.

SUB-Heading: "Minister dismisses national survey's result, but says she will take decision options to the Cabinet next month."

GIST: "Most Kiwis support paying compensation to David Bain, even though Justice Minister Judith Collins says many New Zealanders will be upset at any taxpayer payment for the man once convicted of murdering his family. A Herald-DigiPoll summer survey found 74 per cent of those polled believe Mr Bain should be compensated if the judge who reviewed the case recommended that. (The survey was started on December 7, before Justice Ian Binnie's recommendation of compensation became public.) Only 20 per cent said Mr Bain should not get a payment under any circumstances. The Labour Party is calling on the Cabinet to make a decision on the issue when it meets next month. Ms Collins says she expects any decision to upset voters. She told the Herald yesterday: "There is a lot of feeling either way on this. We have to look past all that and come to the right decision."......... In his report, Justice Binnie criticised the investigation into the 1994 murders. "It is my opinion that the egregious errors of the Dunedin police that led directly to the wrongful conviction make it 'in the interest of justice that compensation be paid'."

The entire story can be found at:

 PUBLISHER'S VIEW:   Editorial). A close look at the content of Justice Ian Binnie's report leads this Blog to the inescapable conclusion that the Government of New Zealand should heed Justice Binnie's advice, and without delay make generous compensation to David Bain,  because "the state authorities and in particular the Duneden CIB were seriously complicit in this miscarriage of justice." Justice Binnie makes clear that this is not a typical appeal in which there are instances of police investigative failures. Instead, "It is the number and cumulative importance of errors here that should, in my view be seen as constituting extraordinary circumstances.   The sheer length of David Bain's incarceration takes the Bain prosecution "outside the ordinary run of cases in which appeals have been allowed."  I hope the New Zealand government will rise above the  howls of protest,  set internal politics aside - and do what is just for David Bain.


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