Monday, May 23, 2016

Bulletin: David Bain: New Zealand: Compensation claim for for wrongful imprisonment; (Many forensic issues in the case); The New Zealand Government is understood to have had a report and recommendations from retired Judge Ian Callinan on the matter since February this year. Still no final decision reports Newstalk ZB..."There remains no apparent progress on a final decision from the Government on David Bain's compensation claim for wrongful imprisonment. The Government is understood to have had a report and recommendations from retired Judge Ian Callinan on the matter since February this year."


"There remains no apparent progress on a final decision from the Government on David Bain's compensation claim for wrongful imprisonment. The Government is understood to have had a report and recommendations from retired Judge Ian Callinan on the matter since February this year. But the Prime Minister said he doesn't know when any announcement will be made. John Key says Mr Bain's legal team has a copy of the report, and both sides are in discussions."
http://www.newstalkzb.co.nz/news/national/still-no-final-decision-on-bain-compensation-claim/

See Wikipedia post at the link below: "Justice Callinan was expected to report back to New Zealand's Justice Minister, Amy Adams, in September 2015.[66] On 26 January 2016, Callinan's report was delivered to Adams,[7] but she did not reveal to media that she had received it. On 18 February 2016, the New Zealand Herald was the first to report that Callinan's report had been delivered to Adams, and that his conclusion, apparently leaked to the Herald, was that David Bain did not meet the threshold of 'innocent beyond reasonable doubt'.[8] Gary Gotlieb, former president of the New Zealand Criminal Bar Association said the leaking of Judge Callinan's findings could force yet another investigation into the case.[67] The Justice Minister said she was terribly disappointed that report was leaked and doesn't know where the leak came from.[68] On 18 February 2016, Adams issued a press release confirming she had received Mr Callinan's report and that parties now have the opportunity to provide her with any further information they would like her to consider. She said she would not begin consideration of Mr Callinan's report until she has that information." Privy Council decision quashing the charges: "In March 2007, Bain's legal team, including Karam, travelled to London to lay out nine arguments before the Privy Council as to why his convictions should be quashed.[2]:40–97 Two of the nine points concerned Robin Bain's mental state and possible motive. The Council noted: "If the jury found Robin to be already in a state of deep depression and now, a school principal and ex-missionary, facing the public revelation of very serious sex offences against his teenage daughter they might reasonably conclude that this could have driven him to commit these acts."[35] The other seven points concerned questions about particular pieces of evidence including the time the computer was switched on and the time of David's return,[2] the ownership of a pair of glasses found at the scene, the size of bloody sock prints, bloody fingerprints on the rifle, and whether David heard Laniet make a gurgling noise. The Privy Council found that many of these issues were highly contentious and the jury could well have been influenced by them.[35] The Privy Council concluded that: "In the opinion of the board, the fresh evidence adduced in relation to the nine points ... taken together, compels the conclusion that a substantial miscarriage of justice has actually occurred in this case."[2] The Privy Council quashed Bain's convictions and ordered a retrial, but noted that he should remain in custody in the mean time."
https://en.wikipedia.org/wiki/Bain_family_murder