David Bain Mass Murder Case Takes Dramatic New Turn

- LawFuel Exclusive

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David Bain's lawyers seek to return to the Privy Council to have Bain acquitted, based on evidence previously unknown to them

The David Bain saga took another turn this week with news learned by LawFuel.co.nz that Bain's defence team have filed a petition with the Privy Council that effectively seek to have Bain acquitted.

It is believed the petition, which is a rare attempt to have the Privy Council recall their decision granting Bain a retrial and which was issued in May 2007, relates to new evidence that the defence team were unaware of when they argued for Bain's retrial.

Bain retrial is scheduled for next year, although no date has been set. He was convicted of the 1994 murders of five members of his family and was imprisoned until his release following the Privy Council decision last year.

This week legal aid was granted to Bain's legal team, lead by Michael Reed QC, to handle the Privy Council petition. This further twist in the Bain case continues one of the most complex, publicly fascinating and certainly most expensive criminal cases in New Zealand history.

Further, the case is presently not only before the High Court, for the trial, but also both the Court of Appeal and now the Privy Council - a first for any criminal case in New Zealand.

The case is also becoming - or has already become - the most expensive criminal case in New Zealand history and the retrial costs, including massive Crown efforts to reconvict Bain, are likely to climb to over $10 million.

It is not known when the Privy Council will hear any petition to recall their original decision, which may involve all five Law Lords once again visiting the Bain decision.

ENDS

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