About the season, do you like it

Treatment of Mr. Bain's claim for compensation

Lawyer Michael Reed on Tuesday told a High Court hearing in Auckland seeking crown documents linked to a judicial review of Ms Collins' actions over his compensation claim that Ms Collins and Crown Law behaved with bias and improper motive.

But crown lawyer Kristy McDonald told Justice Patrick Keane on Wednesday there was not a shred of evidence given to support allegations of deliberate wrongdoing, and that this hearing wasn't the proper forum to make them.

"Issues arise about the propriety of making such allegations in the form that they have been made without evidence to support them lace embroidery patches," she said.

"This is not the substantive hearing and it should not be an opportunity for unprincipled rhetoric."

Mr Bain is seeking a judicial review of Ms Collins' actions of seeking a peer review into retired Canadian Supreme Court judge Ian Binnie's finding that Mr Bain was innocent on the balance of probabilities of murdering his family in the 1990s.

The Crown argues it doesn't have to hand the documents over because they are subject to legal privilege property in malaysia.

Ms McDonald questioned why Mr Reed raised an email by Ms Collins' press secretary in which she expressed a fear of Justice Binnie going "completely feral".

"The Crown never claimed privilege over that document," she said.

"Obviously that point was lost. It was referred to for whatever point Mr Reed wanted to make about it nuskin group."

Mr Reed had argued that documents relating to two lawyers consulted by the minister's office about Justice Binnie's report were not subject to privilege as they were heavily involved in the prosecution of Mr Bain and they were therefore not independent.

But Ms McDonald argued there is no hoop that has to be jumped through for independence for a claim of privilege.

Justice Keane is expected to reserve his decision later on Wednesday.
  1. 2013/08/07(水) 11:50:45|
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