The meaning of extraordinary circumstances in the claim for compensation for wrongful imprisonment has been explained. In David Bain's case, he is not even likely to pass the extraordinary circumstances test because his case has to fit with one of the following criteria:
It must be noted that In New Zealand, there is no legal right to compensation for wrongful conviction and imprisonment. Compensation may, however be paid, at the Government's discretion on an ex gratia basis in accordance with a framework agreed by Cabinet. To receive compensation, claimants have to establish their innocence on the balance of probabilities.
The above has been supplied by Simon Power from the Ministry of Justice in the letter attached. The final words in the letter are:
"I can assure you that a thorough assessment will be undertaken before Cabinet considers paying any compensation".