8 Jul 2010

Robin Bain's brother calls for judicial inquiry

6:29 pm on 8 July 2010

Robin Bain's brother is calling for a judicial inquiry into the defence evidence in the murder trial of his nephew, David.

David Bain was convicted in 1995 of murdering his parents, Robin and Margaret Bain and three of his siblings in their Dunedin home.

Last year, he was found not guilty in a retrial, in which his defence team argued that Robin Bain had shot the other four family members before turning the gun on himself.

His brother, Michael Bain, believes hearsay evidence was the basis of David Bain's acquittal and told Morning Report that should not be allowed.

The Crown Law Office says it's not possible for the Crown to re-open matters arising from the retrial. A spokesperson from the Office says there is no jurisdiction to do so, as there were no points of law reserved in the trial.

David Bain's lawyer, Michael Reed QC, says he has suggested a full public inquiry to put the case to rest, but that idea has been rejected.