Five possible claims for compensation

David Bain
David Bain
The Government faces five possible compensation claims for wrongful conviction and imprisonment.

Information released by the Ministry of Justice shows that, in addition to a claim from former Dunedin man David Bain, there are four other claims from three people seeking compensation.

A request under the Official Information Act to name the claimants was declined by the ministry because the claims were being assessed by a Queen's Counsel.

The ministry confirmed the nature of each conviction, and dates the applications were received.

They are:

• Threatening to kill and attempting to pervert the course of justice (April 2007).

• Rape and other sexual offending (two applications by the same person, July 2010).

• Rape (December 2010).

Cabinet guidelines govern compensation claims for wrongful conviction and imprisonment, and only those who meet certain eligibility criteria may apply to the Minister of Justice for compensation.

The minister refers claims that "merit further assessment" to a QC for an assessment of whether the claimant is innocent on the balance of probabilities and, if so, the appropriate compensation.

The QC takes into account non-monetary and monetary losses, and a report is given to the minister to make a recommendation to go before Cabinet for a final decision.

Retired Canadian Supreme Court judge Ian Binnie is assessing Mr Bain's claim.

 

 

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