Bain may seek legal aid for compo bid

David Bain's legal team may seek taxpayer money to fund his bid to be compensated for the 13 years he spent in prison.

A "penniless" Mr Bain, who turns 38 today, is seeking to be paid out for the years he spent behind bars after being convicted of murdering his parents and three siblings by shooting them with a rifle in their Dunedin home in 1994.

His convictions were quashed by the Privy Council in 2007, and last year he was acquitted of the murders in a retrial in Christchurch - which cost taxpayers more than $2 million in legal aid to fund Mr Bain's defence.

The compensation sought is likely to be over $1 million, but his lawyer Michael Reed, QC, said yesterday: "No amount of money would ever compensate anyone for 13 years in prison. So I don't know what a figure should be".

Mr Bain will have to meet the standard of "extraordinary circumstances" to progress his compensation bid, because he is ineligible for compensation under Cabinet guidelines.

Asked yesterday whether legal aid would be sought, Mr Reed said: "If it is a quick and easy process, we may not have to. But David has no funds."

The Legal Services Agency said yesterday it had received no application from Mr Bain's lawyers, but would consider it based on a range of criteria, including the prospects of success.

The compensation bid was announced on Thursday, and the Ministry of Justice is now considering how it might proceed. Ministry documents show that because a retrial was ordered for Mr Bain, he is not considered eligible for compensation under the Cabinet guidelines.

The ministry must now assess whether the Bain case meets "extraordinary circumstances", which can include harm suffered by the applicant, and the interests of justice.

If extraordinary circumstances are found, the ministry can then recommend an amount of compensation based on the Cabinet guidelines, the documents show. Justice Minister Simon Power would then make a recommendation to Cabinet, which would decide whether to pay.

Some legal commentators have cast doubt on Mr Bain's chances of success, but Mr Reed said his client deserved a "fair go".