News

David Bain's compensation bid has been turned down.  The judge who assessed his case concluded that he is not innocent beyond reasonable doubt, therefore he cannot be eligible for compensation for wrongful imprisonment.

On his blog pundit, Andrew Geddis, a legal expert gives his analysis of the Callinan report leak and what it possiblty means for the balance of probabilities test and the future of Bain's compensation bid.  In essence he says that the customary test of extraordinary circumstances, that being the beyond reasonable doubt test, has, in Bain's case, failed.

Mike Hosking has a chat with Joe Karam about the recent leak of Callinan's report ruling.  Karam says he is a delicate relationship with the Minister and he references David Bain rather than himself.

Mike Hosking interviews Justice Binnie who was responsible for the now discredited first report into David Bain's balance of probabilities investigation.  Binnie compares the Bain case with the Australian Azaria Chamberlain case and suggests the government will eventually be forced to backtrack.  He says that he found innocence easily but only refers to the house being burnt down and the footprint evidence.

A poll on Newshub hosted by Paul Henry shows a clear No from the public, at the time of writing (9.30 am Thursday 18 Feb).

The NZ Herald is also hosting a poll.

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.

Justice Minister Amy Adams has reported that Justice Callinan's report has not yet been fully processed.  There is no saying when the report will be released to the public.

Judith Collins, who, as Minister of Justice was adamantly opposed to David Bain getting compensation, has been restored to a position in Cabinet.  It is uncerstood she may be taking over the role of Minister of Corrections.  Whether or not she will play a role in the ultimate decision on Bain's compensation is yet to be determined.

It has been eight months since Justice Callinan began working on the balance of probabilities report for David Bain, and there is no news.  Nor has there been any media releases or complaints from Joe Karam, David Bain's ardent supporter, or any documentaries purporting to show old evidence in a new light, such as the 3rd Degree programme of 2013.

A new judge has been appointed by the government to determine whether or not David Bain is innocent on the balance of probabilities.  It is Ian Callinan, a retired judge of the Australian High Court.  First he has to show that David Bain has shown he is innocent on the balance of probabilities and after that, innocent beyond reasonable doubt.

Read about it in the Herald here.