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The defence lawyer acting for David Bain says he is shocked by comments made by a forensic scientist over plans to retest exhibits from the murder trial and will refer them to the Solicitor-General.
The Sunday Star-Times today reported six forensic scientists had been assigned to DNA test or retest the exhibits as Bain's retrial drew closer.
Bain's retrial for the murder of his family is due to start on August 11, after initially being set down for May. It was understood the testing, expected to take many weeks, was one of the reasons for the delay in the trial.
Bain was released on bail in May after the Privy Council quashed his convictions for murdering his mother, Margaret, his father, Robin, sisters Arawa, 19, and Laniet, 18, and brother Stephen, 14, at the family home in Every St, Dunedin, in 1994.
The council left it up to the New Zealand justice system to decide whether a retrial for Bain, who had served nearly 13 years behind bars, was in the public interest.
The ESR told the newspaper it had identified "rework options" for items that either were never tested for the first trial or subsequent appeals, or could be retested to clarify evidence that had been questioned.
ESR forensics programme manager Keith Bedford said both sides in the case had expressed interest in having a "not insubstantial number" of items tested or retested.
Mr Bedford said the defence needed to have a representative at the testing laboratory while the work was being done, but "we have had difficulty getting clarity around that agreement".
However defence lawyer Michael Reed QC told NZPA today he was shocked by Mr Bedford's comments.
"I will be referring the disclosures to the Solicitor-General."
Questions also surround the use of 2008 technology on exhibits gathered using 1994 handling techniques.
Last year Solicitor General David Collins, QC, warned against public debate on the merits of the Crown and defence cases, saying it could be considered contempt of court.
DNA testing was still in its relative infancy when the Bain murders happened and some tests not available then were performed for subsequent appeals in the late 1990s at the behest of Bain campaigner Joe Karam.
A venue for the trial is yet to be determined.
- NZPA
