May 20, 2008

Bain murder retrial delayed to February

The start date for the David Bain retrial on murder charges has been pushed back to February ?for fair trial reasons?, after a ruling by Justice Graham Panckhurst in a reserved judgment at the High Court in Christchurch.

Arguments for putting back the start date from the scheduled August 11 trial commencement were argued last week.

Justice Panckhurst said the trial would now begin on February 16.
He said: ?This deferment has been granted for fair trial reasons, in particular to enable scientific evidence to be finalised and made available for evaluation by defence counsel in advance of the trial commencement date.?

The judgment also makes rulings on other evidential and trial issues, but that detail has been suppressed until trial, or until the court makes another order.

His Honour said this was because much of the evidence was still to be heard and because the High Court rulings might be the subject of appeals.

A retrial was ordered for Bain by the Privy Council, after he had served 13 years in prison after being convicted of murdering five members of his family in their home in Dunedin in 1994.