Not one cent Amy, and Karam is losing the plot, getting close to a lawsuit I suspect

Amy Adams has announced she will commission yet another review into the ongoing claim for compensation by David Bain or is it Joe Karam…hard to work out who is claiming as Bain never says anything.

The Government will launch a fresh inquiry into David Bain’s compensation claim after agreeing to set aside all previous advice on the matter, Justice Minister Amy Adams has announced.

David Bain’s long fight for compensation will start afresh with all previous advice put aside, Government has confirmed.

Justice Minister Amy Adams said this afternoon 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.

Judith Collins has said she would do it all again as well. As well she should, Binnie’s report was dreadfully and hopelessly flawed.

Former Justice Minister Judith Collins says she “stands by everything I said and did” in relation to David Bain’s compensation case after his supporters accused her of derailing the process at a huge cost to the taxpayer.

[…]

Mr Bain’s advocate Joe Karam said the blame for the new delay and its associated costs could be placed squarely on Mrs Collins, who “secretly” asked for a peer review of an initial inquiry by former Canadian Supreme Court judge Ian Binnie.

“It’s a great shame for David, for me, for the New Zealand public in general,” he said. “It’s extremely disappointing that this should happen from a number of points of view, not least of which is the taxpayers who now have to cough up between half a million and a million dollars.”

Mr Karam said he was more confident of a positive outcome from the new review because he believed Ms Adams would be more principled than her predecessor and would not “bulldoze” any findings.

Mrs Collins shot back at Mr Karam yesterday, saying she could never have awarded compensation based on a faulty inquiry.

“I stand by everything I said and did,” she told the Herald. “I did exactly what I had to do.”

Justice Binnie found that Mr Bain was innocent “on the balance of probabilities”, but the peer review by QC Robert Fisher found numerous errors in his findings.

Mrs Collins said the main reason for a delay in the five-year process was the decision by Mr Bain’s side to seek a judicial review of the Government’s handling of the case.

Judith Collins clearly explained the situation on Radio New Zealand this morning.

Dear old Joe Karam is now resorting to making stuff up. The Fisher report wasn’t secret,?it was done with cabinet approval and Crown Law advised that Binnie’s report be?peer-reviewed, which was sent to the Attorney-General. All of which can be sought under the OIA, so quite how it is a secret when all of cabinet knew and Crown Law and the Attorney-General is beyond me.

His previous claims of Judith Collins holding up the process were equally wrong, when it was he and his ‘team’ who file papers for a judicial review that sucked up many of the 5 years the current process has been running.

And Martin van Beynen outlines the flaws in Binnie’s original report at Fairfax:

While David Bain should get the compensation he deserves if he is innocent, the murdered Bain family also deserve the fullest consideration.

Hopefully the new inquiry will find, in the mountain of evidence, the truth.

Binnie’s mistakes according to a review by former High Court judge Robert Fisher:

In assessing innocence and misconduct by authorities, Binnie made fundamental errors of principle.

Binnie criticised named individuals without giving them adequate opportunity to respond.

Instead of assessing each piece of evidence to see what effect it had on the likelihood of innocence, he discarded any item not individually proved on the balance of probabilities.

Instead of requiring David Bain to satisfy him on the balance of probabilities throughout the inquiry, he imposed an onus on the Crown wherever the Crown suggested a factual possibility inconsistent with innocence.

Instead of founding his conclusions exclusively upon the evidence available to him, he drew an inference adverse to the Crown on evidence where, in his view, the police ought to have gone further in their investigations.

He appeared to accept Bain’s version of events without question except where it directly conflicted with other witnesses.

He discarded evidence such as blood stains on David Bain’s clothing, broken glasses, his fingerprints on the rifle and Robin Bain’s possible motive.

What this has all done is set Joe Karam off like a firecracker, so much so he has probably crossed the line of malice in his public and erroneous statements. I’d say Judith Collins is probably seeking transcripts from NewstalZB, Seven Sharp and Radio NZ about now, with a view to suing his pants off.

3News reports one tirade:

Joe Karam says Judith Collins’ handling of David Bain’s compensation claim has painted New Zealand “as some sort of a third-world Mugabe state”, and ruined the chances of finding a qualified person to conduct a new report.

[…]

Mr Karam, longtime spokesman for Mr Bain, says it’s a waste of time and money as there is no new evidence, and the errors Mr Fisher found in Justice Binnie’s report were “semantical”, not factual.

“In my lifetime? I cannot find another example of a government commissioning a high-level report and then throwing it in the rubbish tip. This is the only instance,” he said on Firstline this morning.

“This is not a court case ? you just go out and interview whoever you like, read whatever you like, get submissions from Karam and get submissions from the police, whatever it is, interview people ? which he did ? and then give us your opinion.

“Now, Fisher comes along and says, ‘He didn’t understand New Zealand law.’ Well, what an insult, for a start ? this is one of the world’s top judges. When Simon Power appointed Justice Binnie, he said, ‘One of the reasons that I am getting a Canadian judge is because their compensation regime is very similar to that of New Zealand.’

“So look, the Fisher report was a hatchet job to muddy the waters, which was very effectively done.”

[…]

Mr Karam has doubts whether the Government will be able to find anyone of high enough standing without an opinion on the Bain case to look at it.

“We, that is the Bain team, don’t think that it’s appropriate for anybody from New Zealand to do it, because whatever happens, there will be misgivings about it from someone. If we go offshore, well, after the way the Government treated Justice Binnie, I don’t know how many judges from around the world are going to be putting their hands up to come and do this job,” he says.

“I think that Judith Collins’ behaviour and descriptions of Justice Binnie effectively painted us as some sort of a third-world Mugabe state. That’s certainly going to be Amy Adams’ big job ? finding the right person.”

Mr Karam says he has never met Ms Adams and has no reason to doubt her skills and integrity, but believes she is an “invidious” position.

“The new inquirer can only find what Binnie found ? and Binnie was in no doubt.”

Plenty of people did have doubt, including Crown Law.

As for his claims of no new evidence…well remember the fiasco of the so-called parallel lines? That was “new evidence” that dear old Joe was shilling to a compliant media…problem was it didn’t stand up to any proper inquiry.

Karan of course is now sucking up to Amy Adams, hoping glad handling of her will lead to a favourable result. For Amy Adams she would do well to understand that when Joe doesn’t get his way she will be next to smeared.

Poor old Joe Karam though sounds increasingly desperate to get his mitts on the alleged compensation…it is very strange behaviour….of course dear old Joe forgets he will have to pay back all that legal aid he trousered.

In any case it will be at least a year longer now as a result of his campaigns against Collins. So he will just have to wait.

 

– NZ Herald, Farifax, 3News

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