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17 March, 2010
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Updated at 3:46pm on 6 June 2009
There have been calls among the legal community for a new legal body to investigate miscarriages of justice following the not guilty verdict in the David Bain trial.
Mr Bain was on Friday found not guilty of killing his parents and three siblings in a retrial at the High Court in Christchurch.
He has spent 13 years in prison. In 2007, the Privy Council quashed his original 1995 convictions.
Christchurch barrister Nigel Hampton says the case highlights the need to establish a permanent Criminal Conviction Review Commission to deal with complaints of miscarriages of justice.
"The judges are constrained by the law to deal with such appeals on a very narrow basis and only on a very legalistic basis as to whether there has been due process and whether there has been any mistake of law made by the judge during the trial and that's the only things they really look at," he said.
Mr Hampton says a review commission would allow wider investigations of miscarriage of justice claims than the current appeals process.
A spokesperson for the Auckland District Law Society, barrister Gary Gottleib, says he fully supports the call for an independant body to investigate miscarriages of justice.
He says the idea was first proposed by retired judge Sir Thomas Thorp, several years ago, and has been gaining support over time.
The law fraternity says two jurors attending an after-trial party for David Bain is not a good look. One was also seen giving Mr Bain a hug in the High Court in Christchurch after their not guilty verdict was delivered.
Mr Bain was on Friday found not guilty of killing his parents and three siblings in a retrial at the High Court in Christchurch.
Later that night, two jury members were also seen at an after-trial party for Mr Bain's supporters.
Nigel Hampton, who was not involved in the case, says contact between jurors and anyone involved in a trial - let alone the accused - is unusual.
Mr Hampton says if he had been at the party, he would have insisted that either the jurors or the defence team leave.
However, he said there is no specific rule preventing contact with jurors after a verdict is handed down.
Gary Gottleib says he has known jurors to spontaneously hug those involved in a trial, but contact is usually kept to a minimum.
He says what is important is that jurors do not discuss the case with those involved.
The police say they will not appeal the verdict.
Detective Superintendent Malcolm Burgess said the police accept the verdict delivered by the jury of seven women and five men, but are disappointed with the outcome.
He says it was necessary for the police to bring the case before another jury for a retrial and the decision will not be contested.
Mr Burgess said he stood by the police investigation and would not accept criticism that it was inadequate.
Lawyer Michael Reed QC says his client will now start his life again at the age of 37.
Mr Reed says Mr Bain is penniless and the extended family who got the inheritance after his first conviction, should give it back.
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