2 Aug 2016

Bain pay out "pragmatism over principle" - Nigel Hampton QC

From Afternoons with Jesse Mulligan, 1:10 pm on 2 August 2016

Adams/Bain Photo: RNZ

The government will not give David Bain any compensation for wrongful conviction - but is giving him what it calls an ex-gratia payment of 925 thousand dollars to avoid further legal proceedings & further costs the Crown.  

At a media conference late this morning, the Justice Minister Amy Adams said a report by retired Australian High Court Judge Ian Callinan concluded Mr Bain should not be compensated because he has not established his innocence on the balance of probabilities.

However she said Mr Bain would receive $925,000 to reflect the time and cost involved in his compensation claim, and also to avoid further legal proceedings and costs to the Crown.

Christchurch barrister, Nigel Hampton says the government made a pragmatic decision to give David Bain a payment.

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