David Bain has filed a High Court claim against Justice
Minister Judith Collins seeking a judicial review of her
actions since she received the Justice Binnie report last
August 2012.
The claim includes allegations Ms Collins has breached Mr
Bain's rights to natural justice and his rights under the New
Zealand Bill of Rights Act 1990, acted in bad faith, abused
her power, and acted in a biased, unreasonable and
predetermined manner.
Mr Bain's long time supporter Joe Karam said in a statement
today that Ms Collins had stated she intended to recommend
further options to Cabinet on Monday.
"In the circumstances, a request has been made to the Crown
that any further action in relation to David's claim be
deferred pending the outcome of this judicial review,'' Mr
Karam said.
He said Mr Bain had "anguished'' over the prospect of
returning to court and did so only reluctantly.
"The application is necessary because the minister has
continued her policy of refusing to constructively
communicate with his advisers, and because (Mr Bain) no
longer has any confidence that his claim is being assessed in
a fair manner.''
Ms Collins said the compensation application fell outside
Cabinet guidelines and was entirely at Cabinet's discretion.
"I have taken steps to ensure the process is fair and proper
throughout.
"Put simply, it would be unacceptable for Cabinet to base its
decision for compensation on an unsafe and flawed report.
That would not have resulted in justice for anyone, let alone
Mr Bain.''
She said Mr Bain's request for the Government to put the
compensation application on hold while a judicial review went
ahead would only result in a further delay.
Ms Collins would not comment further while the matter was
before the Courts.
The Ministry of Justice refused to comment on the
application, saying it was a ministerial matter.
