Hon Ian Callinan AC QC, a former Justice of the High Court of Australia, has been appointed to the crucial position, Justice Minister Amy Adams announced today.
He will conduct a fresh inquiry into Mr Bain's claim for compensation for wrongful conviction and imprisonment
"Mr Callinan is a distinguished and highly respected member of the Australian legal fraternity," Ms Adams said.
"He brings a diverse mix of experience and expertise, following an exemplary career of nearly forty years practice as a lawyer and nine years on the bench of the High Court of Australia."
The new inquiry was announced a month ago, when the Government agreed to set aside all previous advice on the matter.
Ms Adams said Cabinet did not have enough information to reach a decision on a potential payout for Mr Bain, who spent 13 years in prison before being found not guilty of murder in a retrial.
Mr Bain was imprisoned in 1995 after being convicted for killing five family members in Dunedin, but was freed after being found not guilty in a second trial in 2009.
A 2012 report by former Canadian Supreme Court Justice Ian Binnie said Mr Bain was probably innocent and should receive compensation.
But a peer review of his report by Robert Fisher QC, sought by then-minister Judith Collins, maintained Justice Binnie had made several errors of law.
Based on previous awards, Bain could be entitled to at least $2 million if Cabinet approves compensation.
Ms Adams selected Mr Callinan from a shortlist of retired judges with extensive criminal experience from both New Zealand and overseas jurisdictions.
"Mr Callinan's appointment is a significant step in progressing Mr Bain's claim for compensation and bringing some finality to the case," she said.
"I consider Mr Callinan to have the right breadth and depth of experience. There is also merit in having an inquirer from outside New Zealand to remove any perception of influence of public opinion. Mr Callinan will bring a fresh perspective and dispassionate view to the inquiry."
The new inquiry will likely cost around $400,000. That would bring the total cost of the compensation case to nearly $1 million.
To satisfy the compensation threshold, Mr Bain would need to prove his innocence on the balance of probabilities and satisfy Cabinet that the circumstances were "sufficiently extraordinary" that it would be in the interests of justice for compensation to be paid.
Mr Callinan's role is to provide advice on questions relevant to Cabinet's determination, and he will initially advise whether he is satisfied Mr Bain has proven he is innocent of murder on the balance of probabilities and, if so, if he is also satisfied Mr Bain has proven he is innocent beyond reasonable doubt.
Cabinet will consider Mr Callinan's advice on these points before any further advice is sought.
Ms Adams said work would start immediately and Mr Callinan expects to be able to report back to the Justice Minister within six months.
- Nicholas Jones of the New Zealand Herald
