David Bain - twelve years in prisonKEY POINTS:
The Solicitor-General has ruled David Bain should face a retrial over the 1994 murders of five members of his family, describing it as "one of the most horrific cases in New Zealand's history".
Bain was last month released on bail after the Privy Council quashed his convictions. The Law Lords ruled he had been the victim of a "substantial miscarriage of justice", and recommended a retrial take place.
Announcing his decision, Solicitor-General David Collins QC said the killings were "one of the most horrific crimes in New Zealand history."
He said the trial was likely to be held in Dunedin early next year.
In brief
* The Solicitor-General has ruled Bain should face a retrial
* His decision was based on the availability of witnesses, the length of time it took to go to trial and the seriousness of the crime.
* The retrial will be held in Dunedin early next year
* Police welcomed the retrial and called for it to be televised
* Dunedin police said all but three original witnesses and evidence were available
* Bain supporter Joe Karam said a retrial would be costly
Mr Collins said he was taking the unusual step of explaining the decision because of the public interest and a "considerable degree of misreporting of information".
He highlighted three points from the Privy Council judgment.
First, the Privy Council did not acquit Bain, and said its judgment made no comment at all on whether Bain was guilty or innocent.
Second, the Privy Council had the option of allowing Bain's appeal and recording a verdict of acquittal, but did not do so.
Third, the Privy Council ordered a retrial.
Mr Collins said factors he took into account included the seriousness of the crimes.
"By any analysis the murders which took place in the Bain household were extremely serious. It is one of the most horrific cases in New Zealand's history."
He also took into account the time Bain had been in prison, availability of witnesses and exhibits, the length of time since the murders, the ability of Bain to have a fair trial and the strengths and weaknesses of the prosecution case.
Mr Collins said it was for the High Court to determine when and where Bain's retrial would take place and there were indications that the trial may be able to start in Dunedin early next year.
He warned journalists to be careful in the way they now covered the case.
After Bain was released on bail, there had been public discussion of the merits of the Crown and defence cases, he said.
This was no longer appropriate now the decision to continue with the prosecution had been made, he said.
"Guilt or innocence of an accused person is not decided by the media, or public opinion polls," he said.
"Those who attempt to usurp or other wise influence the trial risk facing a charge of contempt of court."
It took the Crown five weeks and two days to make its decision.
Police reaction
Police Association President Greg O'Connor welcomed the retrial and called for it to be televised.
"A retrial is absolutely necessary.
"In fact so much of the case has been played out in the court of public opinion, influenced by sound bites and headlines, we believe there is a strong case for the trial to be televised. That way the public will have the opportunity to hear all the evidence in full, instead of select slices.
"We urge New Zealanders to take the time to examine all the evidence so they can see the whole picture for themselves, not just the selective pieces published in the media."
Police in Dunedin have already assessed the availability of the original witnesses and trial evidence and say they found it substantially intact.
Detective Superintendent Malcolm Burgess said all but three of the 91 original witnesses were available to give evidence and all trial exhibits were available.
Mr Burgess said the team had also completed initial preparations for further inquiry and analysis of new evidence.
He said the enquiry team would now focus on that work and preparing all the available evidence for the trial.
"That earlier preparation means we are well placed now to do this work - this is business as usual for the police team," he said.
Joe Karam, the former All Black who has been a tireless supporter of Bain, said a retrial would cost taxpayers of New Zealand a huge amount of money.
"It's going to be very expensive and it's going to be very time consuming," he told TV One's Close Up.
But he said the decision to hold a retrial did not come as a shock.
"We both expected that this is what would happen. Naturally you have a hope that it won't but it has," Mr Karam said.
"It's been a long and very hard and twisting road and I would predict that it'll be a long and very hard and twisting road for the next year or more."
One of Bain's legal team, Wellington lawyer Paul Morten, said it was "not appropriate" to comment on the decision.
Bain's laywer Michael Reed, QC, who took the case to the Privy Council this year, was overseas and could not be immediately contacted.
Bain had served more than 12 years of a minimum 16-year jail term for the murders of his parents Robin and Margaret, and siblings Arawa, 19, Laniet, 18, and Stephen, 14, at the family's Every St home in Dunedin in 1994.
Bain and his supporters have always maintained his innocence, saying Robin Bain must have been responsible for the killings before turning the gun on himself.
He has been living with Joe Karam on the former All Black's farm near Te Kauwhata since his release.
- NZHERALD STAFF and NZPA
NOTE: We have not called for Your Views today on the Bain retrial after the Solicitor-General's warning that comment must not taint a jury.
