Doco sparks new calls for Bain inquiry

Published: 8:22PM Wednesday July 07, 2010 Source: ONE News

  • Print this article
  • Text size + -

David Bain's lawyer says he has offered a full and public inquiry to the Minister of Justice so the controversial murder case can be put to bed.

Michael Reed QC says that the defence team has volunteered an overseas judge to carry out the inquiry but the minister doesn't want to do it.

And Michael Bain, the brother of David's father Robin, wants a judicial inquiry into the defence evidence.

David Bain was convicted in 1995 of murdering his parents, Robin and Margaret, and siblings Laniet, Arawa and Stephen in their Dunedin home. He was found not guilty in a retrial in June last year, after his defence team had argued that Robin Bain had shot the other four family members before turning the gun on himself.

Reed says he resents allegations of an unfair process around the retrial made in a documentary screened on TV O ne on Tuesday night, and says the police decision to look into the documentary claim is "absolutely ridiculous".

And he says lots of witnesses have testified that in the time leading up to the murders Robin Bain was a "dirty, smelly old man" who was badly depressed.

But the siblings of Robin Bain say their brother has been vilified and they are relieved the documentary challenged the theory that their brother killed the five family members.

The documentary studied court footage to examine the case against Robin Bain after claims the evidence of Daryl Young was misleading. In the years before the Bain murders, Young was a Dunedin-based photocopier salesman and he told the court about an unusual meeting he had had with Robin Bain.

The documentary maker, Bryan Bruce, challenged Young's testimony and said a witness who was never called to court claims he was the one who sold a copy machine to Robin Bain. The witness said Young - his boss - never mentioned meeting Robin.

Young would not be interviewed today and told Close Up he was taking legal advice, but he strongly disputes claims his evidence was incorrect. And Bain's lawyer, Michael Reed QC, said he is absolutely convinced Young's testimony was truthful and he has corroborating witnesses and affidavits to show that.

Reed said the documentary was unbalanced. But at home in Wellington Robin Bain's brother Michael watched the documentary on Tuesday night with relief.

Both Michael and Robin's sister Colleen Trenwith said they want David to answer some questions, himself.

Michael told Close Up that there was no credible forensic evidence which incriminated Robin and the defence was "fraught with doubt" and based on hearsay evidence and unsubstantiated speculation.

"My brother has been vilified for something he didn't do," said Michael.

And he said the hearsay evidence cannot be substantiated because the persons it's levelled against are all dead.

He said the good name and good reputation of a good man has been vilified.

Trenwith also said her brother was an honourable, good and kind man. She said she saw Robin a few months before the murders and did not observe any change in him from the way he had always been.

"I would like to see David appear and speak for himself...rather than have someone represent him," said Trenwith.

However Reed said David can only say that he got home and found the family dead.

"There's nothing more he can say."

ONE News requested an interview with David Bain, through his lawyer, but he declined.

  • Print this article
  • Text size + -
  • more...

Latest NZ News Video

NZ News

Most Popular

  1. Gigantic telescope could bring revolution - expert watch
  2. Marchers determined to save ChristChurch Cathedral watch
  3. Schapelle Corby's release date confirmed
  4. Employers exploiting migrant workers watch
  5. Sonny Bill Williams robbed while on-field

rssLatest News

Advertising

How do you want your news?

  • Mobile Devices

    TVNZ is available on mobile phones: Text TVNZ to 8869.

  • News Feeds

    See when TVNZ have added new content. You can get the latest headlines anywhere.

  • Podcasts

    Enjoy TVNZ on the move - a wide range of programmes and highlights are available.