Truth - OIA Response From Justice Minister

Cam Slater <cam@truth.co.
nz>
RE: Official Information Act Request

Rachael Bowie <Rachael.Bowie@parliament.govt.nz> To: "Cam@truth.co.nz" <Cam@truth.co.nz> Fri, Dec 21, 2012 at 6:10 PM
Dear Cam, Thank you for your OIA request. You have asked for: 1. Copies of correspondence between Michael Reed QC and the office of the Minister of Justice including letters, emails, diary notes and file notes in relation to David Cullen Bain. 2. Copies of correspondence between Mr. Joe Karam and the office of the Minister of Justice including letters, emails, diary notes and file notes in relation to David Cullen Bain. 3. Copies of correspondence between Michael Guest and the office of the Minister of Justice including letters, emails, diary notes and file notes in relation to David Cullen Bain. Since receiving your request, another media outlet has placed a similar OIA request and has asked for an expedited response. In the interests of fairness, I am able to partially fulfil your request by providing you with the following: A letter from Minister Collins to Mr Karam dated 18 December 2012, which includes three attachments: 1. Advice commissioned and received by Mr Binnie from Prof Paul Rishworth 2012. 2. Email received by Minister Collins office from Michael Guest and Mr Binnies response to that email. 3. Comment from the New Zealand Police in response to Mr Binnies report. Also attached is an email from Michael Guest received by this office today. Please note certain information to protect the privacy of individuals has been withheld. The remainder of your request will require substantial research and collation, and will be fully dealt with under the provisions of the OIA. Many thanks, Rachael
Rachael Bowie Press Secretary|Office of the Hon Judith Collins MP|Minister of Justice|Minister for ACC|Minister for Ethnic Affairs Tel: +64 4 817 9809 | Fax: +64 4 817 6506 | rachael.bowie@parliament.govt.nz| www.judithcollins.co.nz | Parliament Buildings | Private Bag 18041 Wellington 6160
From: Cam Slater [mailto:cam@truth.co.nz] Sent: Friday, December 21, 2012 1:27 PM To: J Collins (MIN) Subject: Official Information Act Request Under the Official Information Act 1982, I request a number of documents. If you require clarification on any of these requests, please do not hesitate to contact me on 021 535 724. 1. Copies of correspondence between Michael Reed QC and the office of the MInister of Justice including letters, emails, diary notes and file notes in relation to David Cullen Bain. 2. Copies of correspondence between Mr. Joe Karam and the office of the MInister of Justice including letters, emails, diary notes and file notes in relation to David Cullen Bain. 3. Copies of correspondence between Michael Guest and the office of the Minister of Justice including letters, emails, diary notes and file notes in relation to David Cullen Bain. Please acknowledge receipt of this OIA request. If you wish to withhold any documents or information I request that you supply me with a list of documents/information withheld. I also request that you supply electronic copies of any documents/information released via email to me. Kind Regards Cam Slater Cam Slater Editor, TRUTH DDI: (09) 265-3475 | Mobile: (021) 535-724 www.truth.co.nz www.whaleoil.co.nz
Michael Guest LLB

EMPLOYMENT REPRESENTATIVE & ADVOCATE
The Minister of Justice Parliament Buildings WELLINGTON Friday 21 December 2012 Dear Minister, I refer our previous correspondence. I have subsequently had referred to me the response from Justice Binnie to your discussions with him about the glasses evidence which I raised in my letter to you dated 10 September. I am most grateful for the circumspect way in which you raised that matter with the Judge. But the Judges self-defensive reply is most disturbing, almost as if it is designed to blind you to the relevance of that evidence. My e mail to you was dated 10 September, your discussion with the Judge was on 13 September and his reply was dated 25 September. He chooses to go on the attack raising issues of my own character and credibility and thus obfuscating the intense relevance of the very matter you raised with him. The detail he has provided raises the question as to who gave him all of the Law Society material. How is it relevant? I have been judged and found wanting but those issues do not alter the incontrovertible facts of the matters I have raised. However much of a scoundrel Justice Binnie wishes to paint me, the salient facts are these: 1. Trenchant and continual criticism of me by the Bain team surely waived privilege from the early stages. There is common law authority to that effect. Mr Bain informed both myself and my co-Counsel, Miss Jonelle Williams, that he had been wearing the all-important glasses on the Sunday evening before the 6.30 am murders the next morning. In response to a question from the Crown, Mr Bain specifically lied about wearing the glasses the night before the killings and the ethics of my profession required me to disclose that lie to the prosecution which I immediately did. The Crown Solicitor therefore knew this fact at trial. Justice Thorp gives my evidence to the PCA the clear stamp of credibility because the Crown Prosecutor confirmed to him what I had told him at trial.
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The importance of this admission of wearing the glasses the night before is, quite simply, a damning admission because the police found the bent frame and one lens in Davids bedroom and the other lens in his murdered brothers bedroom. Justice Binnie then appears to mislead you by quoting and relying upon a passage from the Court of Appeal decision at paragraphs 21 and 22 of his recent Report to you.
21. This inconsistency gives rise to issues of both of substance and credibility. As to the substance of the claim, the Court of Appeals decision of 15 December 2003 subsequent to the Thorp Report concluded that The glasses and lens issue has not featured significantly in our analysis of the strength of the case against David. It does not in any way tend to exculpate David. (para 244) 22. For reasons that follow, I agree with that conclusion. Assuming as I do that what Mr Guest told Sir Thomas Thorp is true, it does not feature significantly in resolving the substance of the case.
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BUT THIS QUOTE FROM THE COURT OF APPEAL was dealing with a different issue relating to the glasses because that Court DID NOT KNOW of the evidence of what David Bain had told myself and my co-Counsel and what we had told the Crown Solicitor at trial.
Consequently, it can be stated on reasonable grounds that Justice Binnie has himself succumbed to a tunnel visioned approach to the assessment of all relevant evidence relating the prime question he was asked to answer. I do not request or expect any response from you. I conclude by congratulating you on a most professional approach to your role as Minister of Justice in this whole sorry affair. Yours faithfully,
Michael Guest
Michael Guest

Truth - OIA Response From Justice Minister

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Cam Slater <cam@truth.co.

RE: Official Information Act Request

Michael Guest LLB

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