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David Bain
Source: ONE News -
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Another twist has emerged in one of New Zealand's most well-known murder cases.
ONE News can tonight reveal that police believe a defence witness in the David Bain retrial gave "untruthful evidence".
But police will not be taking action against photocopier salesman Daryl Young who gave evidence in the 2009 trial.
Bain was found not guilty of murdering his father, mother, two sisters and brother in a case that has captivated the country for more than 15 years and which has been the subject of huge controversy.
Now more controversy has been added with a letter released to ONE News about Young's evidence.
Young was a late witness in Bain's defence and told of his
dealings with David's father, Robin Bain.
In court Young said: "I smelled alcohol and that's why I thought he wasn't at school".
Last year, documentary maker Bryan Bruce challenged the testimony, going as far as to ask police to investigate Young's entire evidence.
The reply came in a letter 10 months later when Detective Senior Sergeant David Harvey said: "I have concluded that untruthful evidence was given by Young. The investigation was referred for legal advice as to whether there was sufficient evidence to support a prosecution for perjury. It was determined that no criminal charges would follow."
However, Young's lawyers have told ONE News that the letter "contains a completely gratuitous and totally unfounded allegation relating to Mr Young".
They say "not only is the allegation completely unfounded, but it's contrary to the Crown's own evidence."
David Bain's defence also rejects the police findings, calling them unadulterated rubbish.
But both Bryan Bruce and Robin Bain's brother are questioning why no perjury charges are pending.
Neither police nor Crown lawyers would appear on camera for the story, and police will not elaborate on why they are not prosecuting.
They said the investigation remains open should any further evidence come to light.
However that does not satisfy Young, whose lawyers have told ONE News they have made a complaint about the police conclusions to the Police Commissioner and the Independent Police Conduct Authority.
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