NZ Herald
  • Home
  • Latest news
  • Herald NOW
  • Video
  • New Zealand
  • Sport
  • World
  • Business
  • Entertainment
  • Podcasts
  • Quizzes
  • Opinion
  • Lifestyle
  • Travel
  • Viva
  • Weather

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
  • Herald NOW
  • On The Up
  • World
    • All World
    • Australia
    • Asia
    • UK
    • United States
    • Middle East
    • Europe
    • Pacific
  • Business
    • All Business
    • MarketsSharesCurrencyCommoditiesStock TakesCrypto
    • Markets with Madison
    • Media Insider
    • Business analysis
    • Personal financeKiwiSaverInterest ratesTaxInvestment
    • EconomyInflationGDPOfficial cash rateEmployment
    • Small business
    • Business reportsMood of the BoardroomProject AucklandSustainable business and financeCapital markets reportAgribusiness reportInfrastructure reportDynamic business
    • Deloitte Top 200 Awards
    • CompaniesAged CareAgribusinessAirlinesBanking and financeConstructionEnergyFreight and logisticsHealthcareManufacturingMedia and MarketingRetailTelecommunicationsTourism
  • Opinion
    • All Opinion
    • Analysis
    • Editorials
    • Business analysis
    • Premium opinion
    • Letters to the editor
  • Politics
  • Sport
    • All Sport
    • OlympicsParalympics
    • RugbySuper RugbyNPCAll BlacksBlack FernsRugby sevensSchool rugby
    • CricketBlack CapsWhite Ferns
    • Racing
    • NetballSilver Ferns
    • LeagueWarriorsNRL
    • FootballWellington PhoenixAuckland FCAll WhitesFootball FernsEnglish Premier League
    • GolfNZ Open
    • MotorsportFormula 1
    • Boxing
    • UFC
    • BasketballNBABreakersTall BlacksTall Ferns
    • Tennis
    • Cycling
    • Athletics
    • SailingAmerica's CupSailGP
    • Rowing
  • Lifestyle
    • All Lifestyle
    • Viva - Food, fashion & beauty
    • Society Insider
    • Royals
    • Sex & relationships
    • Food & drinkRecipesRecipe collectionsRestaurant reviewsRestaurant bookings
    • Health & wellbeing
    • Fashion & beauty
    • Pets & animals
    • The Selection - Shop the trendsShop fashionShop beautyShop entertainmentShop giftsShop home & living
    • Milford's Investing Place
  • Entertainment
    • All Entertainment
    • TV
    • MoviesMovie reviews
    • MusicMusic reviews
    • BooksBook reviews
    • Culture
    • ReviewsBook reviewsMovie reviewsMusic reviewsRestaurant reviews
  • Travel
    • All Travel
    • News
    • New ZealandNorthlandAucklandWellingtonCanterburyOtago / QueenstownNelson-TasmanBest NZ beaches
    • International travelAustraliaPacific IslandsEuropeUKUSAAfricaAsia
    • Rail holidays
    • Cruise holidays
    • Ski holidays
    • Luxury travel
    • Adventure travel
  • Kāhu Māori news
  • Environment
    • All Environment
    • Our Green Future
  • Talanoa Pacific news
  • Property
    • All Property
    • Property Insider
    • Interest rates tracker
    • Residential property listings
    • Commercial property listings
  • Health
  • Technology
    • All Technology
    • AI
    • Social media
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
    • Opinion
    • Audio & podcasts
  • Weather forecasts
    • All Weather forecasts
    • Kaitaia
    • Whangārei
    • Dargaville
    • Auckland
    • Thames
    • Tauranga
    • Hamilton
    • Whakatāne
    • Rotorua
    • Tokoroa
    • Te Kuiti
    • Taumaranui
    • Taupō
    • Gisborne
    • New Plymouth
    • Napier
    • Hastings
    • Dannevirke
    • Whanganui
    • Palmerston North
    • Levin
    • Paraparaumu
    • Masterton
    • Wellington
    • Motueka
    • Nelson
    • Blenheim
    • Westport
    • Reefton
    • Kaikōura
    • Greymouth
    • Hokitika
    • Christchurch
    • Ashburton
    • Timaru
    • Wānaka
    • Oamaru
    • Queenstown
    • Dunedin
    • Gore
    • Invercargill
  • Meet the journalists
  • Promotions & competitions
  • OneRoof property listings
  • Driven car news

Puzzles & Quizzes

  • Puzzles
    • All Puzzles
    • Sudoku
    • Code Cracker
    • Crosswords
    • Cryptic crossword
    • Wordsearch
  • Quizzes
    • All Quizzes
    • Morning quiz
    • Afternoon quiz
    • Sports quiz

Regions

  • Northland
    • All Northland
    • Far North
    • Kaitaia
    • Kerikeri
    • Kaikohe
    • Bay of Islands
    • Whangarei
    • Dargaville
    • Kaipara
    • Mangawhai
  • Auckland
  • Waikato
    • All Waikato
    • Hamilton
    • Coromandel & Hauraki
    • Matamata & Piako
    • Cambridge
    • Te Awamutu
    • Tokoroa & South Waikato
    • Taupō & Tūrangi
  • Bay of Plenty
    • All Bay of Plenty
    • Katikati
    • Tauranga
    • Mount Maunganui
    • Pāpāmoa
    • Te Puke
    • Whakatāne
  • Rotorua
  • Hawke's Bay
    • All Hawke's Bay
    • Napier
    • Hastings
    • Havelock North
    • Central Hawke's Bay
    • Wairoa
  • Taranaki
    • All Taranaki
    • Stratford
    • New Plymouth
    • Hāwera
  • Manawatū - Whanganui
    • All Manawatū - Whanganui
    • Whanganui
    • Palmerston North
    • Manawatū
    • Tararua
    • Horowhenua
  • Wellington
    • All Wellington
    • Kapiti
    • Wairarapa
    • Upper Hutt
    • Lower Hutt
  • Nelson & Tasman
    • All Nelson & Tasman
    • Motueka
    • Nelson
    • Tasman
  • Marlborough
  • West Coast
  • Canterbury
    • All Canterbury
    • Kaikōura
    • Christchurch
    • Ashburton
    • Timaru
  • Otago
    • All Otago
    • Oamaru
    • Dunedin
    • Balclutha
    • Alexandra
    • Queenstown
    • Wanaka
  • Southland
    • All Southland
    • Invercargill
    • Gore
    • Stewart Island
  • Gisborne

Media

  • Video
    • All Video
    • NZ news video
    • Herald NOW
    • Business news video
    • Politics news video
    • Sport video
    • World news video
    • Lifestyle video
    • Entertainment video
    • Travel video
    • Markets with Madison
    • Kea Kids news
  • Podcasts
    • All Podcasts
    • The Front Page
    • On the Tiles
    • Ask me Anything
    • The Little Things
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In
Advertisement
Advertise with NZME.
Home / New Zealand

David Bain: Retired judge to head compensation claim

NZ Herald
20 Mar, 2015 12:41 AM4 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  Sign in here

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save

    Share this article

David Bain. Photo / 60 Minutes
David Bain. Photo / 60 Minutes

David Bain. Photo / 60 Minutes

A senior retired Australian judge will head the inquiry into David Bain's compensation claim - and will report back within six months on whether he believes Mr Bain has proven his innocence.

Hon Ian Callinan AC QC, a former Justice of the High Court of Australia, will conduct a fresh inquiry into Mr Bain's claim for compensation for wrongful conviction and imprisonment.

He will advise Justice Minister Amy Adams whether he is satisfied that Mr Bain has proven his innocence on the balance of probabilities.

If that is that case, he has also been asked to say whether he believes Mr Bain's innocence has been proven beyond reasonable doubt.

That is a significant question.

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

A 2012 report by former Canadian Supreme Court Justice Ian Binnie recommended compensation based on the view that Mr Bain was probably innocent - not innocent beyond reasonable doubt.

Mr Binnie's report noted that he was instructed that probable innocence was a minimum requirement for compensation.

Unhappy with the report, then-Justice Minister Judith Collins ordered a review of it by Robert Fisher QC, which found he made several errors of law.

Advertisement
Advertise with NZME.

"Mr Callinan is being asked the [question about innocence beyond reasonable doubt] at this stage because Cabinet has previously treated innocence beyond reasonable doubt as an example of 'extraordinary circumstances,'" Ms Adams said.

An "extraordinary circumstances discretion" allows Cabinet to consider compensation claims on a case-by-case basis and in the interests of justice.

Ms Adams said it would consider Mr Callinan's advice on the two questions on innocence before any further advice is sought.

"Mr Callinan is a distinguished and highly respected member of the Australian legal fraternity," Ms Adams said.

Discover more

New Zealand

Baby happiness for David Bain

05 Dec 04:00 PM
New Zealand

Bain one step closer to compensation

22 Jan 01:28 AM
New Zealand

Cabinet to look at Bain compensation

22 Jan 04:00 PM
Opinion

Jock Anderson's Caseload: Should David Bain pay back legal aid?

06 Feb 02:39 AM

"He brings a diverse mix of experience and expertise, following an exemplary career of nearly forty years practice as a lawyer and nine years on the bench of the High Court of Australia."

The new inquiry was announced a month ago, with the Government agreeing to set aside all previous advice on the matter.

Ms Adams said that Cabinet did not have enough information to reach a decision on a potential payout for Mr Bain, who spent 13 years in prison before being found not guilty of murder in a retrial.

Mr Bain was imprisoned in 1995 after being convicted for killing five family members in Dunedin, but was freed after being found not guilty in a second trial in 2009.

Based on previous awards, Bain could be entitled to at least $2 million if Cabinet approves compensation.

Ms Adams selected Mr Callinan from a shortlist of retired judges with extensive criminal experience from both New Zealand and overseas jurisdictions.

Advertisement
Advertise with NZME.

"Mr Callinan's appointment is a significant step in progressing Mr Bain's claim for compensation and bringing some finality to the case," she said.

"I consider Mr Callinan to have the right breadth and depth of experience.

There is also merit in having an inquirer from outside New Zealand to remove any perception of influence of public opinion. Mr Callinan will bring a fresh perspective and dispassionate view to the inquiry."

The new inquiry will likely cost around $400,000. That would bring the total cost of the compensation case to nearly $1 million.

Ms Adams said work would start immediately and Mr Callinan expects to be able to report back to the Justice Minister within six months.

Hon Ian Callinan AC QC
• An Australian, Mr Callinan was appointed Queen's Counsel in 1978.
• Career has included high-profile criminal cases for both defence and prosecution.
• Retired from the High Court of Australia in 1998.
• Since retiring, completed work including a review of the Queensland Crime and Misconduct Commission.
• Appointed a Companion of the Order of Australia in 2003.

Advertisement
Advertise with NZME.
Save

    Share this article

Latest from New Zealand

New ZealandUpdated

Fur Patrol hit back at Bishop's 'what a load of crap' Stan Walker remarks

31 May 05:27 AM
New Zealand

Armed police arrest man after three-hour negotiation at Dunedin property

31 May 05:06 AM
New Zealand|crime

'You are a monster': Abducted woman escapes after locking rapist out of his own car

31 May 05:00 AM

Gold demand soars amid global turmoil

sponsored
Advertisement
Advertise with NZME.
Recommended for you
Fur Patrol hit back at Bishop's 'what a load of crap' Stan Walker remarks
New Zealand

Fur Patrol hit back at Bishop's 'what a load of crap' Stan Walker remarks

31 May 05:27 AM
Armed police arrest man after three-hour negotiation at Dunedin property
New Zealand

Armed police arrest man after three-hour negotiation at Dunedin property

31 May 05:06 AM
'You are a monster': Abducted woman escapes after locking rapist out of his own car
New Zealand

'You are a monster': Abducted woman escapes after locking rapist out of his own car

31 May 05:00 AM
'No layoffs': Donald Trump defends controversial US Steel partnership plans
World

'No layoffs': Donald Trump defends controversial US Steel partnership plans

31 May 04:45 AM
Man arrested after exposing himself near West Auckland high school
New Zealand

Man arrested after exposing himself near West Auckland high school

31 May 04:35 AM

Latest from New Zealand

Fur Patrol hit back at Bishop's 'what a load of crap' Stan Walker remarks

Fur Patrol hit back at Bishop's 'what a load of crap' Stan Walker remarks

31 May 05:27 AM

Seymour suggested people shouldn't be concerned about others expressing views on art.

Armed police arrest man after three-hour negotiation at Dunedin property

Armed police arrest man after three-hour negotiation at Dunedin property

31 May 05:06 AM
'You are a monster': Abducted woman escapes after locking rapist out of his own car

'You are a monster': Abducted woman escapes after locking rapist out of his own car

31 May 05:00 AM
Man arrested after exposing himself near West Auckland high school

Man arrested after exposing himself near West Auckland high school

31 May 04:35 AM
Explore the hidden gems of NSW
sponsored

Explore the hidden gems of NSW

NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • What the Actual
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven CarGuide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP
search by queryly Advanced Search