David Bain files claim with Govt for compensation

David Bain, flanked by supporter Joe Karam, outside the High Court. Photo / Simon Baker

David Bain has filed a claim with the Government for wrongful imprisonment.

Justice Minister Simon Power confirmed today he had received a letter from David Bain's lawyers formally notifying him of a claim for compensation for wrongful conviction and imprisonment.

Mr Bain served 12 years in prison for murdering four members of his family in Dunedin in 1995.

In 2007 the Privy Council quashed his convictions on the grounds of a substantial miscarriage of justice and ordered a retrial. In June 2009 he was found not guilty at the retrial.

"There is a process now to work through and I will not be making any further comment at this time," Mr Power said.

Shortly after the June retrial, Bain's legal team began preparing its application for compensation while he took an overseas holiday. In December, Bain's supporter and friend Joe Karam described the process as "time-consuming."

Mr Power must now decide if the application merits further assessment. If it does, he will refer it to a Queen's Counsel to investigate. The QC will then report to Mr Power, certifying whether he or she is satisfied that the claimant is innocent "on the balance of probabilities".

If the QC concludes this is the case, he or she will recommend a compensation sum, taking into account factors such as the claimant's conduct and the length of jail time served. The base rate is $100,000 for each year served in jail.

Auckland University associate law professor Scott Optican told the Herald in August that being acquitted in a criminal trial was a "far cry" from proving innocence on the balance of probabilities.

The burden of proof shifted from the prosecution to Mr Bain when it came to compensation, he said.

- NZ Herald staff, NZPA