Significant documents about the case
The following is a list of documents which are significant to David Bain’s case. Ian Binnie’s report was originally available on the Ministry of Justice website. It has now been removed, presumably on orders from Cabinet. Alternative links have been created.
Testimony not heard at first trial in 1995
- Statement by Dean Cottle, in June 1994 in which Mr Cottle says Laniet Bain told him her father, Robin Bain “had been having sex with her and this had been happening for years” (from the Appendix to Ian Binnie’s report, Tab H pages 201-205)
Miscarriage of justice
- Privy Council decision 2007 declaring a ‘substantial miscarriage of justice’
- Affidavit sworn by David Bain on 10 December 2009 supporting his compensation claim (contained in Appendix to Ian Binnie’s report Tab C page 55)
- David Bain’s address to the International Justice Conference in Perth, Australia on March 10, 2012
- Transcript of Ian Binnie’s lengthy interview with David Bain at Auckland on July 23, 2012 (contained in Appendix to Mr Binnie’s report, Tab G pages 84-197)
- Pschiatric assessment on David conducted by Professor Philip Brinded.
Establishing the compensation claim
- Letter from the law firm of Duncan Cotterill to the Minister of Justice dated 25 March 2010 seeking compensation for David Bain (contained in Appendix to Ian Binnie’s report Tab C page 51)
- Letter from Hon Simon Power to Ian Binnie dated 10 November 2011 providing the mandate and instructions on the Government’s requirements in the process of assessing David’s compensation claim (contained in Appendix to Ian Binnie’s report Tab D page 66-74.)
Ian Binnie’s report (and subsequent documents)
- Report by Justice Ian Binnie 2011 supporting David’s compensation claim
- Report by Robert Fisher 2012 criticising Binnie’s report
- Statement by Judith Collins, 11 December 2012 expressing concerns about Binnie’s report
- Email from Ian Binnie in which he refutes Robert Fisher’s criticisms dated 13 December 2012
Ian Callinan’s report
- Report by Ian Callinan 2016 arguing that David does not meet the threshold for compensation
- Cabinet media release about the Government’s reliance on Callinan’s report for decision not to pay.
- Joe Karam’s correspondance with Amy Adams about mistakes in Callinan’s report
Joe Karam’s final media statement
- Joe Karam media statement 5 August 2016.
Cabinet guidelines on compensation
International law on compensation
- Article 14(6) of the The International Covenant on Civil and Political Rights