2 Mar 2009

Bain loses appeal, murder retrial to go ahead

4:34 pm on 2 March 2009

David Bain's murder retrial will continue as planned after his appeal to have the charges against him dropped was dismissed by two High Court judges.

The judges heard Mr Bain's application over four days in February in the High Court in Christchurch.

All details are suppressed, but the appeal relates to aspects of the case which the defence says make a fair retrial untenable.

Justices Randerson and Panckhurst disagreed, and on Monday dismissed Mr Bain's request.

The retrial will begin on Friday in Christchurch.

Mr Bain, 36, is accused of murdering his parents and three siblings in Dunedin in 1994 - a crime for which he was originally convicted and spent 12 years in jail until the Privy Council ordered a retrial.