Justice Minister has Concerns about Justice Binnie's Report

The Minister of Justice, Judith Collins has postponed her decision on compensation for David Bain until after the New Year.  It has previously been leaked that Justide Binnie recommends compensation be paid as a result of his year long investigation of the case.  Now it is being reported that the Justice Minister isn't entirely happy with the recommendation or the report.

Update: The Minister has sent the report to a QC for evaluation.

Update, the appointed QC is David Fisher.


Ever since I heard that Justice Binnie had apparently found that David Bain was innocent on the balance of probabilities I have been saying that Judith Collins will probably be wanting to have that report peer reviewed and it now turns out that is exactly what she is doing.


I wonder if she wants a few points clarified or if she is disenchanted with his recommendations?  This must be a nightmare for the government. Simon Power appointed Binnie as the then government knew any decision it made on compensation would be controversial. Why not simply pass the buck to an eminent retired Canadian Judge?  That would solve their dilemma. However it has backfired as Binnie has not delivered the expected verdict.

Where to now for Mr Key's team?. Probably the easiest course of action for the government will be to bite the bullet and pay compensation. That would be the politically expedient solution.  I get the impression however that Collins is a woman of conviction and if she is uncomfortable with Binnies recommendations, she will hang tough.  At the end of the day however, politicians will do what politicians do - test the water of public opinion and act accordingly.

Hon Robert Fisher QC has been asked to looked at Binnie's report. Fisher inteviewed Rex Haig and turned him down. He probably would have been the person the government would have chosen to interview Bain had they not decided to go overseas. 

Well, well, well.  Just as we anticipated -- Justice Binnie's report is unreliable.

What a mess.  Have to admire Judith Collins for having the guts to refuse to accept it and sending it back to Binnie for review.

Where to now?  What comments will Mr Fisher provide?.  If he gives the Binnie report the thumbs down, the government will be placed in a major quandary. 

This saga aint going to be concluded any time soon!


In reply to by Charles


I just heard Binnie talk to Marcus Lush.  He accuses the justice Minister of "slanting" the issue by taking advice on his report from the Solicitor General who he describes as the "prosecutor".  This appears a rich description coming from a man who at the outset of his brief obtained and read Karam's books.  Every potential retrial juror was disqualified on the basis of having read these books because they are opinion and not evidence.  Did Binnie, read James McNeish or look at what we say on this website?  Slanted I say! Slanted!  Binnie demands that the Minister makes his report public immediately.  For once I agree with him.  Ever since I heard the rumour that Binnie had found Bain inncent on the balance of probabilities and recommended compensation, I have been itching for a chance to savage a report that has to have been entirely founded upon errors of fact and law.  Bring it on!

Well I don't want to argue this with you but I read otherwise in the papers at the time, so what is your authority for saying that wasn't the case?  I am not saying that was all they were quizzed on but it was in the context of how they had been pre exposed to the case.  The retrial was held in Christchurch for the same purpose because the risk of Dunedin people being  pre exposed was considered too great.

In reply to by kalnovitch


If the reports are not published openly, then it usually takes a request under the Official Information Act. If this is the case, the the Government would usually advertise the contact details of a Ministry Point of Contact person.



In reply to by donaldob


It seems conceivable to me that the major newspapers might publish these.