Taxpayers folk out another $200k in Bain case

Taxpayers footed a $200,000 legal bill as David Bain challenged the Government over a rejected report into his compensation bid.

His quest for a payout is back to square one, after his lawyers and Justice Minister Amy Adams recently struck a deal to end judicial review proceedings.

Bain’s legal team launched court action in 2013 after the Government rejected an independent inquiry that found him innocent ‘‘on the balance of probabilities’’ of the 1994 murders of his family.

The cost of representing the Crown over the two-year case totalled $182,157.18, which comes out of the Crown Law Office budget.

Of that, $95,881.78 went to Kristy McDonald, QC.

That comes on top of about $1 million of taxpayer cash paid to experts to examine the controversial case.

A $400,000 inquiry by Canadian judge Iain Binnie was rejected by former justice minister Judith Collins.

A further peer review, by Robert Fisher, cost $206,000. It judged Binnie’s report to be flawed. The Government has made no move to recover any of the costs paid to Binnie. After Bain’s lawyers dropped court action, Adams commissioned a new inquiry, which is likely to cost another $400,000 and take until at least the end of the year to conclude.

A spokesman for Adams admitted the cost appeared high. But he explained the judicial review proceedings were ‘‘legally complex, lasted for just under two years, and involved several interlocutory hearings’’.

He added: ‘‘ Given the nature of the proceeding, senior Queen’s Counsel were also instructed to represent the Crown.’’

The Ministry of Justice advised Adams the spending was ‘‘not exceptional for a case of this complexity and length’’.

‘‘As the minister has stated, the cost and delay of the previous reports and judicial review process is regrettable.

‘‘The minister’s priority has been to move beyond the advice that the Crown considers unreliable and the advice and steps that Mr Bain considers objectionable, and conduct a fresh inquiry.’’

Bain stands to gain as much as $10m for the 13 years he spent behind bars, convicted of the murder of his parents and three siblings.

He was acquitted at a 2011 retrial after his convictions were quashed by the Privy Council in 2007.

Bain, now 42, must prove he is innocent ‘‘on the balance of probabilities’’ before the Cabinet agrees to compensate him. He launched his claim more than five years ago.