The Christchurch Civic Creche Case


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One News
May 11 2007

Retrial decision in Crown's hands

 

It is now over to the Solicitor General to decide whether David Bain will get a retrial after the Privy Council quashed his convictions for murdering his family. 

In a 46 page report, the five law lords of the Privy Council found there was a substantial miscarriage of justice at Bain's 1995 trial for the murders of his parents and three siblings in 1994.

Bain's lawyer Michael Reed QC will be filing a bail application for his client as soon as possible. He says the Privy Council decision is an embarrassment to New Zealand's court system and is scathing of the initial police investigation.

Police have started a thorough read of the Council's decision .

Detective Superintendent Malcom Burgess says a retrial could prove difficult and police would have to sit down and have a stock-take of where all the witnesses are at.

Police are still examining the decision at this stage and there is no time limit set down as yet for a decision on a retrial. 

David Bain has consistently maintained his innocence.  He has served 12 years of a minimum 16 year life sentence, but could now be out of prison as early as next week.

Attorney General Michael Cullen is saying little about the implications of the Privy Council's decision.

He says the Crown Law Office will carefully consider the judgement.

Cullen says the decision is solely for the Solicitor General to make and he will be making no further comment on the matter.

The Crown Law Office is refusing to comment on the task that lies before it.