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Full coverage of the David Bain caseKEY POINTS:
David Bain is undaunted by the prospect of a retrial after being freed from prison amid frenzied scenes of celebration in Christchurch yesterday.
Justice John Fogarty released Bain on bail after his conviction for murdering his parents Robin and Margaret, his sisters Laniet and Arawa and brother Stephen in June 1994 was quashed by the Privy Council. He was serving a life sentence.
Bain, who called the decision a "huge relief", must live at the home of his chief supporter, Joe Karam, at Te Kauwhata in the Waikato.
The Crown suggested it might be unsuitable because Mr Karam held a firearms licence and might have a gun at the property, but Bain's legal team said Mr Karam did not keep any guns there.
In court, the Crown opposed Bain's bail application but failed to convince the judge that there were grounds for keeping him behind bars.
The Crown must now decide whether to seek a retrial, as recommended by the Privy Council.
Asked about a retrial, Bain said: "I don't care one way or the other. I'll leave that up to the system to make their decision."
Deputy Solicitor-General Cameron Mander, for the Crown, argued that the Privy Council ruled that Bain should stay in prison until a decision was made.
But Bain's lawyer, Michael Reed, QC, said it was "absurd" to suggest bail could not be considered and it would override Bain's rights.
"Why should David Bain sit in prison while the Crown decides if there is going to be a new trial? If subsequently there is going to be a new trial, he can of course be sent back to prison. What no one can do is give him back his life."
Mr Reed said Bain had no previous convictions, would not offend on bail and would not abscond. "He's got no money. He's got no passport."
Justice Fogarty said Bain should not be left alone at Mr Karam's property while on bail. Other arrangements could be made if that situation did not work out.
Asked if the pair could live together, Bain said: "We'll see how we go. I want to find normality somewhere."
Bain is also not permitted to contact any Crown witnesses or initiate any contact with his family.
Supporter Katherine Spencer said the result was "just fantastic".
"We prepared ourselves for every scenario, and this is the one that we always hoped for and it's happened and it hasn't sunk in yet."
Bain's long-time friend Lindsay Robertson was ecstatic. He did not generally hug people, but hugging Bain "felt really good".
He felt it was going to be "really strange" for Bain adapting to life on the outside.
"In prison, you can't even open a door for yourself. Everything is regulated and controlled.
"He will still really, really struggle with a lot of things like going to the supermarket. Things like that we just take for granted."
Bain is due to reappear in the Christchurch court on July 26.
The Sensible Sentencing Trust last night said it had no problem with the bail decision.
"We actually support what happened today even though he's accused of murder," trust spokesman Garth McVicar said.
The trust had fought for justice for several people who had convinced its members that they were not guilty, he said.
"We've battled for justice for them and have won," he said. "But I think the bigger concern here realistically is the systemic failures within our legal system."
