David Bain deserves a fair go as he seeks compensation for the years he wrongfully spent in jail, says his lawyer.
Michael Reed, QC, has lodged a compensation claim on behalf of Mr Bain with Justice Minister Simon Power.
Mr Bain does not meet the standard eligibility criteria because he was given a retrial after the Privy Council quashed his murder conviction.
But he can apply under a clause that allows for special circumstances.
Mr Reed would not give details about how his legal team would argue that special circumstances applied, saying the case was now in the hands of Mr Power.
Mr Reed acknowledges that having a retrial has ruled David Bain out of contention for Government compensation unless the Ministry of Justice can find extraordinary circumstances.
He says David Bain's legal team never wanted a retrial to go ahead, not because that cancelled any chance of Mr Bain being eligible for compensation, but because it was an expensive waste of time.
