Police respond to Binnie report

The Justice Minister has today (December 13) made public two reports considering David Bain's application for compensation.

We don't accept Justice Binnie's opinion that the investigation by the Dunedin Police contained egregious errors, or that there was a failure to investigate the possibility of innocence.

The Dunedin Police were experienced officers. They had dealt with the Aramoana tragedy in which 13 adults and children were shot and killed, and had investigated two other familial homicides in close proximity to the Bain murders. This was a multiple homicide with a difficult scene. Reviews of that 1994 investigation found it was conducted in accordance with the standards or the day and without fear or favour.

Some errors in the investigation were made and they have all been thoroughly traversed by the courts. This is one of the most scrutinised police investigations and cases in New Zealand. It has been through two high courts, two Courts of Appeal and the Privy Council. No new points were raised by Justice Binnie that haven't already been extensively debated through the court process.

In regard to the failure to investigate the possibility of innocence. Police investigators work on the weight of evidence. As the investigation progressed, the weight of evidence pointed to David as the killer. That evidence was put before the court.

This Statement can be attributed to Police Commissioner Peter Marshall.