Judicial Review rules that the Minister of Justice acted properly

David Bain's judicial review in respect of the Binnie report has so far failed to produce any postive result of for the petitioner.  The court has found in favour of Judith Collins.  See TV3 News, Yahoo News, DomPost, Herald.  The review itself is still ongoing but this first part dealt with the documents that should be considered part of it.

From TV3

  • The Minister has complied with her duty of candour by consenting to the tailored discovery order and by authorising affidavits on her behalf
  • The Minister is entitled to claim on behalf of the Crown as a whole legal-advice privilege for advice given by Ministry legal officers and the Solicitor General
  • The Minister did not waive privilege in the advice
  • The Minister sufficiently justified her claim to privilege
  • The Cabinet and the Minister are entitled to have legal advice as to the merit of any claim for compensation and the confidentiality of that advice is protected by legal-advice privilege

Compensation for wrongful imprisonment either as a result of a pardon or a retrial is a discretionary act that is not guided by any stringent regulations or laws.

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Compensation for wrongful imprisonment either as a result of a pardon or a retrial is a discretionary act that is not guided by any stringent regulations or laws.  Thats the crux of the thing