Good News for Justice: Binnie's report has been rejected and a new Inquirer is sought

Cabinet have announced that they will sideline both Justice Binnie's report and Fisher's peer review of it and seek out a fresh Inquirer to look at the Bain case and make recommendations in relation to compensation.

The reports can be found here.

This is good news. It means that the incredibly flawed report made by Justice Binnie has been rejected.  One can only hope that the next person to review this case does so with more overall objectivity and sifts through the items rationally.  It also allows for more time to pass before the decision is made, during which time more worms can burrow out of the woodwork.  I say this in relation to Michael Guest making it clear to the previous Minister of Justice that David Bain was prepared to admit that he wore the infamous spectacles on the weekend before the murders.

There is no justice in rewarding someone for carrying out a heinous crime and then protesting their innocence repeatedly and consistently for every day since their crime.  That is the reason why compensation is not automatic following a retrial where a previously incarcerated person is found not guilty.  In David Bain's case, the not guilty verdict does not, in my opinion, mean that he is innocent.  Far from it. There is a preponderance of evidence pointing to David's guilt.  The retrial suffered from a tired and worn out prosecution against a determined and enthusiastic defence and gave a flawed result.


  • Paul Holmes: He was obsessed

    The difficulty of being a friend of Joe – and we all found this, I think, those who were close to Joe – was that you had to accept that the David Bain case, and what he saw as a battle for justice, had taken over Joe's life. There was a long period in the late 90s and the fi rst few years of this century when there was no conversation to be had with Joe that was not about David Bain. Joe was so committed to his cause, and so dedicated as to seem obsessed. Well, he was obsessed. Occasionally, I would think of saying to him when we caught up to unwind on a Friday night: "Can we be friends who don't talk about David Bain all night? Is it possible for us to communicate outside this Bain business?"