Bain backers to try Privy Council

Supporters of David Bain, who is in jail for multiple murder, are to seek leave to appeal to the Privy Council.

Joe Karam, a long-time supporter who believes Bain is innocent, said yesterday that papers would be filed early next year.

The papers would seek to have the London-based Privy Council hear an appeal against a New Zealand Court of Appeal decision handed down a year ago today.

Mr Karam said Auckland Queen's Counsel Michael Reed would be Bain's lawyer in the proceedings.

Now that the Supreme Court has taken over as New Zealand's highest court, Mr Karam said the case could be the last from New Zealand to go before the Privy Council.

Bain, now 32, was sentenced in 1995 to life imprisonment, with a minimum non-parole period of 16 years. He had been found guilty of the murders of his mother Margaret, father Robin, sisters Laniet and Arawa and brother Stephen in their Dunedin home in June 1994.

Bain has maintained he returned from his early-morning paper round to find his family dead and that the likely killer was his father, who then killed himself.

Last December, the Court of Appeal rejected arguments from Bain's legal team that new evidence proved there had been a miscarriage of justice.

Mr Karam said he had spent the past year reflecting on the court's decision.

"I had hoped the decision would be definitive, whichever way it went," he said. "Unfortunately, in my view, that is not the case."

Mr Karam said the Appeal Court had gone beyond its jurisdiction in determining guilt, had misrepresented evidence placed before it and had omitted to consider some evidence.

He remained "bewildered, embittered and disgusted" at what had happened to Bain.

Mr Karam said he last visited Bain a few weeks ago.

"He is maintaining good health, but like me is suffering tremendous anguish as the implications of the decision in question sheet home."

- NZPA