"Although the Bill of Rights says you're presumed to be innocent until the contrary is proved, when it comes to paying money that presumption somehow doesn't apply."
SHOOT: That's really interesting. It's saying, well, if you're not proven guilty that doesn't necessarily mean you're innocent either.
The Minister of Justice and the Attorney-General would be responsible for making the decision for compensation, probably after taking independent advice on the matter, Mr Withnall said.
The last option is the jury could return without being able to come to a unanimous decision on Bain's guilt or innocence.
The usual practice after a hung jury would be to hold another retrial.
"In this case, I really think that would be oppressive.
"If after 15 years and three or four months of a trial a jury is unable to agree on a verdict - and I have to declare a certain amount of bias - I think it would be an appalling thing to start over again."
SHOOT: A hung jury would be scary. I'd imagine they're smarter than this. The David Bain case is actually fairly straightforward. Let's see what verdict they come up with.
SHOOT: That's really interesting. It's saying, well, if you're not proven guilty that doesn't necessarily mean you're innocent either.
The Minister of Justice and the Attorney-General would be responsible for making the decision for compensation, probably after taking independent advice on the matter, Mr Withnall said.
The last option is the jury could return without being able to come to a unanimous decision on Bain's guilt or innocence.
The usual practice after a hung jury would be to hold another retrial.
"In this case, I really think that would be oppressive.
"If after 15 years and three or four months of a trial a jury is unable to agree on a verdict - and I have to declare a certain amount of bias - I think it would be an appalling thing to start over again."
SHOOT: A hung jury would be scary. I'd imagine they're smarter than this. The David Bain case is actually fairly straightforward. Let's see what verdict they come up with.
If Bain was found guilty the judge would likely have to send him back behind bars to serve the remainder of his sentence, Mr Withnall told NZPA. "The judge has no option but to impose five terms of life imprisonment, but he's got to be sentenced in accordance with the law as it stood in 1994." That meant it was "unlikely" Bain would be given a longer non-parole period than he was initially sentenced to.
If Bain is found not guilty it would mean he would be immediately released, but would not necessarily be compensated for his imprisonment. "The government guidelines really don't provide for compensation unless effectively a person has proven that he's innocent.
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