Another blow against the hate-siters: Compensation claim to be considered.

The news broke yesterday that David Bain's compensation bid is set to be weighed by a retired Canadian Supreme Court Judge, Justice Ian Binnie. There are two broad aspects of the claim wrongful conviction and imprisonment, of course in a murder case one could not exist without the other.

Justice Minister Simon Power made the press release and from at least 2 of the things he mentioned it strongly appears that he sees the appointment of an overseas Judge 'in attempting to resolve Mr Bain's claim for compensation and a step toward achieving finality in the case.' I think this is a compromise decision between the Government and Bain from which both can expect the correct outcome. David Bain has experienced an extraordinary denial of his basic and constitutional rights and I'd suggest that the Government were fully mindful that the very essence of Cabinet's powers in cases of Miscarriages of Justice were on the line to be tested and likely to found wanting in this most unusual case where the highest Court had already ruled that David had been the subject of an 'actual' MOJ.

Simon Power was careful to point out that the decision had been made 'after consultation with Mr Bain's lawyers.' Also relating that in March last year the Minister had ordered his staff to work 'with Bains lawyers to devise a workable process for the assessment of the claim.' I expect the Minister was no less mindful that any other nzer that the case for compensation is never going to depart until it is satisfied  by a payout.

Broadly speaking there are a range of issues starting from the failure to investigate the motive Robin Bain had to kill his family, to fully comprehend the significant evidence that showed Robin as the killer at the outset, the untimely haste to charge somebody, the withheld evidence and so forth. But that goes further because after the Privy Council decision at the 2nd Trial there was further evidence of efforts to continue the MOJ by the Police. 5 in particular that I can think of now:
1/The evidence of Jones, describing a scientific impossibility as to the colour of blood under a poli-light.
2/The evidence of Jones, describing that skin under deflating pressure rather than flattened sharpened in detail.
3/The lifting of material from the Victorian Scientific Institute by NZ Police under the false 'pretence' of having a Court Order to do so.
4/The bizarre claim by a self-appointed linguist expert as to the contents of the 111 emergency call, something else totally discredited now.
5/The failure by the authorities to stop the activities of hate-sites and their patrons before, during and after the trial endeavouring to influence the public and potentially the Jury with lies about David, including alleged confessions and other pure fantasy from embittered people intent of perverting the course of Justice.

So there is a distinction. The Privy Council ruling that there had been a MOJ, then clear evidence of it continuing until David was acquitted, and in fact after as the record now shows with hate-sites claiming to have confessions, secret evidence and so forth - all of this contributes to the picture of what David Bain endured and for which he now claims for as wrongful conviction and imprisonment. All the consequences are relevant, I think that is something that Minister has taken advice on and determined, while not  a particularly 'rare' case, one nevertheless that has endured the full gambit of the agencies working under the authority of the state to verily set out to destroy an innocent man with all at it's disposal - lawful and unlawful, and being prepared to look away when something should have been done as a rabid pack of persecutors invaded cyber-space in a way that I doubt we will ever see again.

But enough on the hate for now, Justice has prevailed where good men and women feared at first to tread.