Callinan Report Leaked

Callinan Report Leaked

The NZHerald has disclosed that Justice Callinan did not find David Bain innocent beyond reasonable doubt (corrected).  Once the process is complete then cabinet will be in a position to make a ruling about any compensation for David Bain.

David Farrer suggests that it is still possible that Callinan has found him innocent on the balance of probabilities which is by default the next test.

Joe Karam suggests that the compensation bid is still alive and kicking.  Andrew Geddis, a law professor states that "exceptional circumstances" attached to the compensation bid requirement is dependent on the "innocent beyond reasonable doubt" ruling.  Listen to the audio track in the middle of the page.  Geddis suggests that compensation now will only come from the goodness of politicians' hearts and there are no guidelines or precedents.  The task lies with the cabinet.