Minister keeps David Bain waiting.

http://news.msn.co.nz/nationalnews/8572305/bain-compo-decision-next-year

There are two eternal characteristics in Law in New Zealand. The first is the haste with which the police charge somebody for a crime despite all the evidence not being available, or lacking cogency to known events, or which doesn't reasonably conclude guilt on the person being charged over others not charged. In relatively recent history these have such events have been happening for over 40 years since the notable and destructive miscarriage of Justice perpetuated on Arthur Thomas, Vivien Harrison and their families. The second is the time the Justice Department 'allow' themselves to watch remedies to MOJs percolate.

Many of the old phrases of Law maintain relevance today and I note 'justice delayed is justice denied.' The Minister of Justice for some obscure reason, but true to the path of her predecessors, is also extravagant with the time and lives of those whose freedom has been stolen by the state. Those locked away on gut feelings or under the heat of public pressure to solve a crime they didn't commit. I wonder if any MP will ask the Minister in the final sitting of Parliament for the year why the case of David Bain is being delayed. Or if a word will be offered in that place so desolate of concerns for the rights of citizens to question why Scott Watson still awaits the answer to a Petition to the Governor General after over 2 years has past.

There is nothing in New Zealand to fill the gap for those in the situation of David Bain, Scott Watson, Teina Pora and Allan Hall except the dedicated few who assist such men. If you think clearly about that the height of the Government's lack of concern for those falsely imprisoned then falls either within it is the oddly described Royal Prerogative or the wit and drive of committed Lawyers to get cases back before the Courts. The black hole of the Royal Prerogative and applications for mercy, compensation or to have new evidence considered out of time lies within a wasteland effectively looked over by the Political heads of the Departments who have contributed to the MOJs. There is apparently no where else to go, other than back to the head of the Department that has inflicted, overseen, or taken part in the MOJ.

When Greg King died, how the hopes of Scott Watson and others in similar situations to him must have crumbled. The last word on Scott Watson's petition under the Royal Prerogative was that Greg King was 'discussing' with the Crown the belated report by the Crown's own appointed Lawyer who looked into the case for a well paid eternity  Every where one looks in all such cases the Crown's hand remains involved in the 'unpicking' of MOJs. This despite the fact that it was the same hand that took part in the construction. The same folks that were happy with the cartridge case that suddenly appeared in the garden of Jeanette and Harvey Crewe after it had already been searched. The same folks that were untroubled by the bloody and bruised hands of Robin Bain. The very same department that were happy to propose that a 17 year old Teina Pora took part in the rape and murder of Susan Burdett even after it was exposed that a lone wolf serial rapist's dna was found on her body. The critical thinkers who were not at all surprised that hairs would magically and convienently appear on a blanket taken from the yacht of Scott Watson which had already been examined and found not to be present.

Getting the impression of a concentration camp, a totalitarian state where your appeal for being beaten or worse on the orders of the Commander is heard by none other than the Commander himself. Joe Karam and the QC Michael Reed must be seriously considering filing an application before the Courts as to the timeliness of David Bain's application. I feel they have plenty of grounds starting with not being given a copy of Justice Binnie's report and recommendation. Why shouldn't the applicant be the first person to know, it's a principle of Justice that a person should know the evidence for and against them in any proceeding. Doubt not that this application is not a Judicial Proceeding because the Courts are the venue to have any Government decision reviewed, and also the venue to consider aberrations of the Bill of Rights, and not lease to consider the time tested rule that 'Justice delayed is Justice denied.'

If it were me, the skirmish would now be on after the flippant off hand remarks of the Minister as to doing things in her own time. Being a Minister of Justice is not a frivolous pursuit nor is it one that allows an appointed head to dwell in centuries past where Kings ruled over Justice with whim, favour or dislike. Time for New Zealand to move forward and embrace not only the concepts of freedom and Justice but to hold the political arbiters to task.