Who left bloody footprints at the scene of a multiple killing will be just one of several legal issues debated as David Bain seeks to overturn his murder convictions in front of the Privy Council next month.
Queen's Counsel Michael Reed will lead the legal team presenting Bain's
appeal before the council in a five-day hearing beginning on March 8.
Bain is serving a life sentence for murdering his father, Robin, mother Margaret, sisters Arawa and Laniet and brother Stephen at the family's Dunedin home early on June 20, 1994.
Mr Reed's team will present 170 pages of submissions.
He told the Herald he would not have taken on the appeal if he did not feel he had a strong chance of success.
"But it all depends on the five law lords on the day. It will be hard. It's always hard. These law lords are incredibly well prepared - they are the cream of the cream of the English legal profession and they are very, very bright."
Among the issues Bain's legal team will argue is that bloody footprints at the crime scene were those of Robin Bain rather than David.
"It's an important point for us, but it's one of a number of very important points.
"There are also issues of timing and suicide.
"Another major issue is the fact of what the Crown said was human blood was not - it was animal blood."
Former All Black Joe Karam, one of Bain's strongest supporters, will join the legal team at the appeal in London.
Mr Karam said Bain was optimistic, but could not afford to pin all his hopes on the appeal.
"David has got to survive on a day-to-day basis [in prison].
"I don't think he would be overwhelmed with disappointment if he loses, because he has gotten used to it.
"But that doesn't mean to say he's not hoping like hell he gets the result we all thought he should have got a long time ago."
The case is going to the Privy Council because the appeal was lodged before the establishment of the Supreme Court of New Zealand. A decision is likely to take several weeks.
