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One of the most controversial murder cases in New Zealand's history is set to be played out again in court, with David Bain to go back on trial on Friday for killing his entire family.
His defence team has failed in a last-ditch bid to avoid a retrial over the deaths in Dunedin in 1994.
It has taken just over a week for the two High Court judges to work through all the issues raised. On Monday afternoon ONE News received a very brief email, simply saying the application for a stay of proceedings has been dismissed and the case will proceed to trial.
Bain was found guilty at his first trial in 1995 and served 13 years before the Privy Council ruled there had been a miscarriage of justice and quashed his convictions. He was released on bail following the council's decision.
He was asked at the time if he wants a retrial.
"I don't care one way or another. I will leave that up to the
system to make their decision," he replied.
And when the decision was made to go ahead with a retrial, his defence team were up for it.
"David Bain is delighted this whole thing can be aired in this forum it's going to be aired in," Joe Karam, a supporter of Bain, told Close Up in 2007.
But before the retrial, his lawyers decided on one last attempt to stop the case altogether.
Last week they spent four days in the High Court in Christchurch arguing the charges should be dropped and that Bain should go free.
ONE News reporter Vicki Wilkinson-Baker, who has been following the case, says normally after four days in court, there's so much evidence it's hard to work out what to put in a story and what to leave out. But not this time, she says. In this case all the arguments for and against stopping the trial have been suppressed so there's no chance of influencing potential jurors.
After considering the matter, the two judges who heard the arguments, Graham Panckhurst and Tony Randerson on Monday decided the trial should proceed.
It's the latest development in a saga that started on a wintry Dunedin morning 15 years ago.
David Bain was charged and convicted of murdering his mother, father, two sisters and brother.
But he has always claimed he is innocent. His legal fight over the years means his case has never been far from the headlines.
"Guilt or innocence of an accused person is not decided by the media or by public opinion polls," said David Collins, Solicitor General in 2007.
That will be the jury's job. Starting this Friday, Bain will have a chance to clear his name once and for all the Crown will be trying for another five convictions.
