Wrongly Convicted Database Record

 

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David Bain

 

Charge:

Murder

Sentence:

Life Imprisonment

Years Imprisoned:

13

Year Crime:

1994

Year Convicted:

1995

Year Cleared:

2009

U.S. State or Country of Crime:

New Zealand

County or Region of Crime:

City of Crime:

Result:

Judicially Exonerated Released

Summary of Case:

"David Bain was wrongly convicted in 1995 of the 1994 shooting death of five family members. Sentenced to mandatory life in prison with a minimum sentence of 16 years before eligible for parole. After exhausting all of his appeals in New Zealand, Bain appealed to England's Privy Council, and in May 2007 it quashed his conviction as a "substantial miscarriage of justice," based on the evidence Bain had discovered after his trial undermining his conviction. Bain was released on bail by the Christchurch High Court on May 15, 2007. Bain was acquitted by a jury on June 5, 2009 after his retrial that was the most expensive trial in New Zealand history. On August 2, 2016 it was announced that David Bain accepted the New Zealand government's offer of an ex gratia payment of NZL$925,000 to settle his pursuit of compensation for his 13 years wrongly imprisoned. (NZL$925,000 = US$665,914.30 at exchange rate on August 2, 2016) Bain was denied direct compensation under New Zealand's wrongful imprisonment compensation statute because retired Judge Ian Callinan did not find that Bain was not innocent "on the balance of probabilities" -- in spite of the fact that the jury acquitted him after his retrial."

Conviction Caused By:

Innocence Proved By:

"After exhausting all of his appeals in New Zealand, Bain appealed to England's Privy Counsel, and in May 2007 it quashed his conviction as a miscarriage of justice, based on the evidence Bain had discovered after his trial undermining his conviction. Bain was acquitted by a jury on June 5, 2009 after his retrial that was the most expensive trial in New Zealand history."

Defendant Aided By:

Compensation Awarded:

"NZL$925,000 (New Zealand, 8-2-2016) (NZL$925,000 = US$665,914.30 at exchange rate on August 2, 2016)"

Was Perpetrator Identified?

Age When Imprisoned:

22

Age When Released:

35

Sex:

Skin/Ethnicity:

White

Information Source 1:

"Bain verdict -- Free at last - but will he get a payout, By Edward Gay, New Zealand Herald, June 5, 2009"

Information Location 1:

http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10576209

Information Source 2:

"Bain could be out of jail next week, New Zealand Herald (Auckland, New Zealand), May 11, 2007"

Information Location 2:

http://www.nzherald.co.nz/category/story.cfm?c_id=49&objectid=10439079

Information Source 3:

"Timeline - How the Bain case unfolded, New Zealand Herald (Auckland, NZL), May 15, 2007"

Information Location 3:

http://www.nzherald.co.nz/section/1/story.cfm?c_id=1&objectid=10439090

Information Source 4:

"Bain denied compensation: 'I am innocent', By Kurt Bayer, Isaac Davison, August 2, 2016"

Information Location 4:

http://m.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11685735

Information Source 5:

Information Location 5:

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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