Waikato Times

Taxpayers folk out another $200k in Bain case

- Andrew Vance David Bain Fairfax NZ

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.

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