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David Bain's case to be heard in July

By Edward Gay

David Bain. Photo / John Kirk-Anderson
David Bain. Photo / John Kirk-Anderson

David Bain's case against Justice Minister Judith Collin's handling of his bid for compensation will be back in court in July.

Lawyers for Mr Bain and the Crown took part in a telephone conference with Justice Patrick Keane in the High Court at Auckland this morning.

Mr Bain is seeking a judicial review into how Ms Collins handled the report from former Canadian Supreme Court judge Ian Binnie.

The claim includes allegations Ms Collins breached Mr Bain's rights to natural justice and his rights under the New Zealand Bill of Rights Act, acted in bad faith, abused her power, and acted in a biased, unreasonable and predetermined manner.

It is understood that while the substantive matter is set down for July, lawyers will be back in court next month to decide whether the matter will be heard in Auckland or Wellington.

Mr Bain was acquitted of the 1994 murders of his parents, two sisters and a brother after serving 13 years in prison.

He has applied for compensation for wrongful imprisonment. Compensation payments are at the discretion of Cabinet.

Justice Binnie's report found that on the balance of probabilities Mr Bain was innocent of the murders and had been wrongfully imprisoned.

Ms Collins had the report peer reviewed by former New Zealand High Court judge Robert Fisher, who found inaccuracies.

A spokeswoman for Ms Collins said the minister would not comment on the case while it is before the courts.

A spokeswoman from Crown Law also declined to comment.

- APNZ

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