David Bain: Law expert slams Government inquiry

University of Canterbury's dean of Law Dr Chris Gallavin said the new inquiry made it look as if ministers were "shopping around" for a decision they wanted. Photo / 60 Minutes

A law expert has slammed the Government's move to commission a new report looking into David Bain's claim for compensation.

University of Canterbury's dean of Law Dr Chris Gallavin said the new inquiry made it look as if ministers were "shopping around" for a decision they wanted.

His comments follow an announcement by Justice Minister Amy Adams yesterday that a new report would be commissioned after a similar report by retired Canadian judge Ian Binnie was rejected by former Justice Minister Judith Collins.

Speaking on NewstalkZB this morning, Dr Gallavin said: "It just looks like they're shopping around for a decision that they actually want.

"It's still hard to reach any other conclusion that they didn't like what Binnie recommended and now they're going out and trying to find another one that suits them to say that they don't want to give him compensation."

Dr Gallavin acknowledged that the idea a new report was needed in order to safeguard the integrity of the case fell back on the previous Justice Minister.

"They talk about integrity...well, the only reason the integrity has been impeached, I would say, is because of the actions of Minister Collins. In the sense, they create the rain and then complain it's raining."

Mr Bain is seeking compensation for more than a decade he spent in jail for the murders of his family in 1994.

He was found not guilty at a retrial in 2009 and, if successful, could get a payout of up to $10 million.

Dr Gallavin said the situation had turned into "a fiasco" and acknowledged that Justice Binnie's good name was also being dragged through the mud.

"I just don't like the continued disgraceful conduct of casting a shadow over the report of Binnie. It has been criticised and he hasn't been given an opportunity to reply to those criticisms and it wasn't given to the Bain camp in the first instance to be able to comment on as well.

"I don't think the quality of the report is that bad. He's done exactly what he was meant to have done. He's an international jurist of international standing, retired Supreme Court Justice of Canada and this just carries on and it's quite shameful."