The Government will "most probably" commission another
report on David Bain's application for compensation, Prime
Minister John Key said yesterday.
The process surrounding the application was discussed by the
Cabinet when Justice Minister Judith Collins updated her
This follows her rejection in December last year of the
review by Ian Binnie, a former judge of the Canadian Supreme
Ms Collins said he had delivered a report with serious errors
about the New Zealand law of evidence and she could not make
a recommendation to the Cabinet based on it.
Mr Binnie found that on the balance of probabilities Mr Bain
was innocent of murdering his parents, two sisters and
brother in Dunedin in 1994 and had been wrongfully imprisoned
for 13 years.
Former New Zealand High Court judge Robert Fisher peer
reviewed Mr Binnie's report for Ms Collins and she did not
rule him out as a person who might conduct a further report.
Mr Key said Ms Collins would return to the Cabinet with other
options that included asking Dr Fisher or someone else to do
Asked if there would be a second report, he said "most
Mr Key said that while the cost of the process was important,
it was necessary to reach a robust conclusion by which New
Zealanders could understand why any decision had been
Mr Bain's longtime supporter Joe Karam said last night that
Mr Binnie's report "should be honoured".