David Bain could receive a multi-million dollar payout following the quashing of his murder convictions or he may get nothing, legal experts say.
Bain, now 35, was sentenced to a 16-year, non-parole term after being convicted of the killings of his mother, father and siblings in 1995.
Pukekawafarmer Arthur Allan Thomas received $1m in 1980 for the 10 years he spent in jail for the murders of Jeanette and Harvey Crewe. David Dougherty was awarded almost $900,000 in 2001 after being jailed for the abduction and rape of an 11-year-old girl. DNA evidence later proved Dougherty innocent.
Lawyer Lorraine Smith, who was involved in determining a payout of $7000 a day for a woman kept in jail longer than she should have been, said Bain was "clearly looking at money". "He's been incarcerated for 12 years, going on 13... he was found guilty and that's been quashed... on very, very serious grounds."
Cabinet has set a base sum of $100,000 for each year wrongly spent in jail, which could be increased in "exceptional circumstances".
Auckland University law expert Scott Optican believed Bain could be in for a fight for compensation. Tough guidelines meant he was unlikely to meet the criteria for any payout.
"Basically, you require affirmative proof of innocence and in Bain's case all the Privy Council is saying is there's reasonable doubt so let's have another trial... ," Optican said. "If he goes for a retrial he might not be acquitted. On the other hand, an acquittal might help with compensation." Stuart Grieve, QC, who was involved in determining compensation for Dougherty has said Bain could get up to $5m if he can prove his innocence.
WINNERS:
September 2000: A man wrongfully convicted of sexually abusing his son wins $570,000 after spending 14 months in jail.
September 2006: Three young Auckland women Tania Vini, Lucy Akatere and Cushla Fuataha, accept compensation ranging from $162,000 to $176,000 each after being convicted and jailed for the aggravated robbery of a 16-year-old school girl, a crime they did not commit.
Ongoing: Experts say Rex Haig could get $2m after his murder conviction was quashed last year. He was convicted of killing fisher Mark Rodrique, and sentenced to life in 1995.
