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David Bain restarts his life on Saturday - his name cleared
after being acquitted on Friday of murdering his family - but it
will take him a long time to get over the trauma of his trial, his
lawyer Michael Reed QC says.
Bain, 37, was clearly shaky outside the court after a High Court
jury in Christchurch
cleared him of the murders of his parents Robin
and Margaret, sisters Arawa and Laniet and brother Stephen.
He spent 13 years in prison after being found guilty at his first trial. The Privy Council quashed the convictions two years ago and the Solicitor General ordered a new trial one year ago.
Bain appeared outside the courthouse with his chief supporter Joe Karam but apart from thanking Karam and his supporters, he did not say much, struggling for words amid the emotion of the moment.
"He was just overwhelmed, he actually could not speak, he was so upset," Reed told Close-Up.
"He is not coping at the moment. This struggle of his, three months in court, seeing his family on the morgue table and in pieces, I mean how does he cope?
"It is going to take him a long time. I just hope some of the family who could have supported him will maybe give back the money they got from the estate, I mean he has got no money."
The Karam family and friends of Bain have set up a website to raise money for him to "kick-start" his new life.
Bain has a message on the website, thanking his friends and supporters and defence team.
"Friends past and present, with your love and support, I have cleared my name as I vowed to do 15 years ago."
At the celebration party on Friday night, Bain described the jury's verdict, after just under six hours of deliberation, as "a huge release" and a "huge weight off his shoulders".
Reed said one advantage in Bain's favour in adjusting to a new
life was his personality.
"He is such a nice guy, he's a gentleman, he's courteous, he's got
a great sense of humour. He really is a nice guy and I don't think
he did it for a moment."
Reed also called on the government to be generous to Bain
financially.
A claim is likely to be made for compensation given the acquittals. Justice Minister Simon Power said on Friday any application would probably be referred to a senior lawyer to consider and would be judged on its merits. He warned there was no legal right to compensation.
Police accept verdict
Police say they will not pursue the case any further.
"We are disappointed with the outcome but accept the jury's
decision," says Detective Superintendent Malcolm Burgess.
The
defence maintained David's father Robin killed
the family before turning the gun on himself but the
prosecution said there was no forensic evidence to show Robin
Bain was the killer.
Police are standing by the investigation they undertook in 1994
saying it was thorough and impartial.
"The material presented as evidence over the past few months is
essentially the same material presented in the first trial," says
Burgess.
Bain's supporters have long claimed that police bungled the scene
examination, got critical timings wrong, made a premature arrest
and that evidence was made to fit.
"As with all investigations, there are things we could do
differently and things that we learn.
"However we need to remember these events happened in 1994.
Procedures are different now - there is better forensic testing and
improved investigation procedures for dealing with investigations,"
says Burgess.
