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  • Justice staff feared a 'feral' judge

    Emails released in the High Court at Auckland today show Justice Minister Judith Collins' staff were seeking to stop a judge appointed to independently review David Bain's compensation case from "going completely feral".

    An email sent from Ms Collins' press secretary Rachael Bowie to Ms Collins, her senior private secretary Megan Wallace and Ms Collins' senior adviser Margaret Malcolm said Justice Ian Binnie needed to be kept "in the tent for as possible" to avoid his "very damaging" report from being released.

    The email's subject line read 'RE: Claim' - in reference to Mr Bain's bid for compensation after serving more than 13 years of a life sentence for the murder of his family until he was acquitted at a retrial.
    "The reason for this phone call is that Binnie is more likely to hold off releasing his report if he feels his concerns are being taken seriously and will be given due attention - appealing to his sense of professionalism in the hope of avoiding him going completely feral," Ms Bowie's email read.

    "During ph conversation, you could reiterate that seeking advice from another QC is a perfectly normal part of the process, that the Govt remains committed to a fair and even-handed process but (as he will understand) the high level of public interest in this case means releasing the report to Bain [is] not possible while the application is under consideration (which is also normal part of the process), and advise him of the next steps so he does not feel he is out of the loop.

    Aim is to keep him in the tent for as long as possible. This can of course change after any decision is made - but in the meantime, it would be may damaging if his report was released."The rest of the email was retracted.

    A lawyer representing David Bain at the High Court today suggested Ms Collins needed to step aside over the case.Mr Bain's legal team is applying for access to 250 documents Ms Collins received over Mr Bain's compensation claim.Mr Bain's lawyer Michael Reed QC said Ms Collins should step aside and another minister be appointed due to her handling of the case.

    He told Justice Patrick Keane that Ms Collins had been biased and prejudiced in her handling of the Bain case. The entire process had been hijacked by Crown Law and police, Mr Reed said.He read a document from the retired Canadian judge Justice Binnie saying, "at the moment the Minister Collins' process looks very one-sided".


    Ms Collins was acting as the Minister of Police, not the Minister of Justice and was struggling to distinguish between the two, Mr Reed said. The Crown has refused to release the bulk of the documents relating to Mr Bain's compensation bid, saying they are highly privileged.They had been merely "drip-fed" to his legal team, Mr Reed said. "It may turn out that the remaining documents are innocuous, but we do not know."We need to see them [as they may] show a pattern of the bias."

    Ms Collins' office was "fighting like fury" to keep the documents from Mr Bain's legal team in an attempt to run them ragged, Mr Reed said.Also representing Mr Bain was lawyer Matthew Karam - son of long-time Bain supporter Joe Karam. He said declining Mr Bain's bid for compensation was an orchestrated process to ensure a particular outcome was obtained.

    Lawyers representing the Justice Minister are set to give their submission tomorrow.

    Credit-NZ Herald
    Comments 6 Comments
    1. 1victim's Avatar
      1victim -
      Welcome to justice in NZ !

      The most 'feral' thing in NZ is Adolf Key and his oppressive schutzstaffel.

      They must be held accountable for their crimes against humanity.

      NZ Bill of Rights reads : Judith Collins ...
      - Judge
      - Jury
      - Executioner

      NZ Citizen's Rights : Zero

      1victim
    1. Ugly Truth's Avatar
      Ugly Truth -
      Not much, really. The NZ justice system is divorced from the law of nature so miscarriages of justice are to be expected. A remedy involves the public looking outside the system for justice.
    1. Corrigenda's Avatar
      Corrigenda -
      I am right behind Judith Collins in rejecting Binnie's report as it was found to be fundementally flawed. If you care to research this case, you will find that there is a plethora of forensic and proven evidence pointing to David Bain being the murderer and absolutely zero pointing to his father as being the perpetrator. There has been a lot of improbable scenarios (Robin Bain changing his clothes to meet his maker [ha bloody ha] ), rumour, innuendo and speculation, but no real evidence against Robin Bain.
    1. 1victim's Avatar
      1victim -
      Quote Originally Posted by Corrigenda View Post
      I am right behind Judith Collins in rejecting Binnie's report as it was found to be fundementally flawed. If you care to research this case, you will find that there is a plethora of forensic and proven evidence pointing to David Bain being the murderer and absolutely zero pointing to his father as being the perpetrator. There has been a lot of improbable scenarios (Robin Bain changing his clothes to meet his maker [ha bloody ha] ), rumour, innuendo and speculation, but no real evidence against Robin Bain.
      And prior to Binnie's investigation and report, five commonwealth supreme court judges sitting on the Privy Council came to the same conclusion as him.

      Still - Judith and her mate know best ! And if it wasn't this mate it would be another mate ...

      And, if the truth be known, Judith and her mate probably think Arthur Allan Thomas is guilty ....

      1victim
    1. Corrigenda's Avatar
      Corrigenda -
      Quote Originally Posted by 1victim View Post
      And prior to Binnie's investigation and report, five commonwealth supreme court judges sitting on the Privy Council came to the same conclusion as him.

      Still - Judith and her mate know best ! And if it wasn't this mate it would be another mate ...

      And, if the truth be known, Judith and her mate probably think Arthur Allan Thomas is guilty ....

      1victim
      WRONG. They did not make any conclusion on guilt or otherwise, a technical point was at issue AND they recommended Bain stay inside in the meantime.
    1. teeny's Avatar
      teeny -
      Quote Originally Posted by Corrigenda View Post
      WRONG. They did not make any conclusion on guilt or otherwise, a technical point was at issue AND they recommended Bain stay inside in the meantime.
      Maybe we should tell Judith that David is out on a technicality, and that the jury who found him not guilty should see this technical point.
      Had the Police not burned the evidence, we may have gotten to the truth in this tragic case. The question will remain until the end of time - what were they hiding ?
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