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Bain innocent on 'balance of probabilities'

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Latest News | Monday September 10 2012 8:01

Bain innocent on 'balance of probabilities'


Confidence the report into David Bain's compensation claim will be well thought out, and thorough.

It's understood retired Canadian Supreme Court judge, Ian Binnie, who's reported back to the Government on David Bain's claim over wrongful imprisonment, has concluded that on all probabilities Mr Bain is innocent of the 1994 murders of his parents, two sisters and brother.

Longtime campaigner for David Bain, Joe Karam, says Justice Binnie has undertaken an exhaustive investigation.

"I'm not at all surprised of course that Justice Binnie's found that David is innocent or innocent on balance of probabilities, if indeed that is what he has found because the evidence is overwhelming," he told Newstalk ZB's Mike Hosking.

Mr Karam says there's been a lot of speculation about the case, so he's looking forward to seeing the final report, when Cabinet releases it.

He says the report is the end of a very thorough investigation.

"Justice Binnie has conducted an extremely exhaustive analysis. The Crown have made very, very substantial submissions on behalf of the prosecution if you like. I've made the submissions on behalf of David Bain."

David Bain could be in for $2 million of compensation for wrongful imprisonment.

It's now up to Cabinet to decide what to do with the judge's report.

Speaking in Japan, Prime Minister John Key says he hasn’t read it yet.

"I've had some very top line indications of what might be in the report, I'm just not in a position to comment any further on that, the Cabinet would need to fully consider the recommendations. Any advice that we might then receive and make our next decision from there."

He says he expects Cabinet to discuss it shortly.

"I'm not in a position to confirm that but what I can say is there are recommendations in the report. Whether the Government accepts those recommendations, and under what basis, is something Cabinet will need to consider, and I'd need a much fuller briefing than the one I've had."

Justice Minister Judith Collins expects a decision before the end of the year.

Photo: Getty Images

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