Bain claims innocence despite agreement with Govt

Author: Newstalk ZB Staff ,
Publish Date: Tue, 2 Aug 2016, 11:08am

UPDATED 1.41pm: Fighting words from David Bain.

He's today been denied compensation for wrongful imprisonment for the 13 years he spent behind bars for murdering five members of his family.

The Privy Council quashed his convictions and he was acquitted in a retrial in 2009.

Mr Bain says the government's decision today is wrong.

"I am innocent. Callinan, Ms Adams, Ms Collins, they've all got it wrong. I'm innocent and that's all I've got to say."

Justice Minister Amy Adams said there's no legal basis on which Cabinet can be satisfied he should be given money, after Mr Bain failed to prove his innocence on the balance of probabilities.

However, Adams has reached an agreement with David Bain to make an ex-gratia payment that reflects the "time and difficulty" of the legal process, which she says is not compensation for the time spent in prison.

She said the agreement will bring "finality to this case" and that there won't be any winners if the battle drags on.

“While the Crown is confident in the strength of its position in any such review, it’s clearly desirable to bring finality to this case and avoid the cost and uncertainty of further proceedings.

“In my view, no one benefits from this matter continuing to drag on. In light of that, the Crown has agreed to make an ex gratia payment of $925,000 in recognition of the time involved and expenses incurred by Mr Bain during the compensation process, and the desirability of avoiding further litigation.”

Adams said David Bain has accepted the offer to put the matter to rest.

Speaking from his Christchurch home today, Bain was disappointed with the decision and professed his innocence.

"Quite frankly, the only thing I have to say is that Mr Callinan, Ms Adams and everybody that's been involved in the case to date have got it wrong: I am innocent. That will always be my only comment and there's nothing else I have to say on the matter," Bain said.

He refused to answer any questions.

The ex gratia payment for Bain is likely to stir further debate about another compensation case, for Teina Pora.

Pora was last month found innocent on the balance of probabilities and was awarded $2.5 million for wrongfully spending 20 years in prison. His legal team is now challenging that payout, saying it should have been adjusted for inflation.

Adams defended the decision to award Bain money despite him not meeting the threshold for innocence, saying that the money reflects the time, cost, and "desirability" of avoiding future legal challenges.