Govt rejects Bain legal team's negotiated settlement

[Genestho]

http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10696811

"We have offered a short cut, but that has been rejected.
The short cut is that we talk to the Government about a negotiated settlement, because we are concerned that the cost of proving David's innocence - which we are quite confident we can do - is going to be much greater than the amount of any compensation we would be claiming."


Mr Reed told the Herald that Mr Power had informed the Bain camp that it had to prove that "on the balance of probabilities" Mr Bain was innocent.

Because Mr Bain did not have his murder convictions quashed on appeal without order of retrial, and was not given a free pardon, he must also show his compensation bid meets the standard of "extraordinary circumstances".

[Mully]

TBH, I'm not convinced they could have settled.

IIRC, legal experts (actual ones, not KB ones) have said his innocence on the "balance of probabilities" is actually going to be pretty hard to prove.

Damned if they did (settle) and damned cos they didn't.

EDIT - and they keep throwing $10m around as a figure, which means I suspect their "settlement" figure wasn't much less than that.

[Quasievil]

lock him up again, he is as guilty as a muth fucker

KB Legal team :yes:

[oldrider]

Five people who's murders are still "unaccounted for" ...... :facepalm: Compensation? ..... yeah right! :mellow:

[firefighter]

I think he should just be happy with his get out of jail 'free' card personally.....but that's a whole other debate based purely on opinion rather than fact of-course.

[Genestho]

TBH, I'm not convinced they could have settled.

IIRC, legal experts (actual ones, not KB ones) have said his innocence on the "balance of probabilities" is actually going to be pretty hard to prove.

Damned if they did (settle) and damned cos they didn't.

EDIT - and they keep throwing $10m around as a figure, which means I suspect their "settlement" figure wasn't much less than that.

I'm of the same mind as you Mully, I think they had to give the negotiation a go as a 'shortcut' to attempt to avoid a whole load of complex legal processes. It's failed - next step.

I'm assuming the team will have to prove without a doubt based on those balance of probabilities - that Robin did it.

Annoying that legal aid will be forking out on the $$Bill.

Also, I wonder if David Bain will finally take the stand...

[Mully]

Five people who's murders are still "unaccounted for" ...... :facepalm: Compensation? ..... yeah right! :mellow:

No, no. Four murders and a suicide, remember?

[oldrider]

No, no. Four murders and a suicide, remember?

That was my own early conclusion but all the evidence presented (that I have had access to) has changed my mind completely!

That last trial IMHO was a complete farce!

The fact that no one ever investigated that another family member or person unknown could have been the culprit astounds me!

But that is not what this thread is about is it.

[Mully]

That was my own early conclusion but all the evidence presented (that I have had access to) has changed my mind completely!

That last trial IMHO was a complete farce!

The fact that no one ever investigated that another family member or person unknown could have been the culprit astounds me!

But that is not what this thread is about is it.

I read an investigative-type report years ago saying there was some evidence to suggest that Robin shot all the others, and David came home and shot Robin.

AFAIK, it was never mentioned at either trial.

[trustme]

As I understand it , this is a civil matter, negotiated settlements prior to court are very common but usually the negotiations are behind closed doors. Bains team have decided to negotiate in public, probably in the hope of garnering public sympathy & support. lots of posturing to come from both sides. As I understand it Bain will have to prove his innocence not just muddy the waters as has happened so far.
I'd give him 5/8 of FA.

[ynot slow]

I read an investigative-type report years ago saying there was some evidence to suggest that Robin shot all the others, and David came home and shot Robin.

AFAIK, it was never mentioned at either trial.

That is my thought on case way back at the start,wasn't aware it was viewed by cops at the time.Still think it is what may have happened,so David hasn't been exonerated unlike Arthur Thomas and I can't see why he is awarded compo,I think he is and should be greatfull to be free,unless he finds that jersey,then chuck him to the arse bandits for crimes against focus(my eyes can't take it).

[Indoo]

Takes a special kind of person to believe that they deserve to be a millionaire and have woman swooning over them as a reward for murdering their entire family.