David Bain wins new Privy Council appeal

David Bain. File picture

Convicted mass murderer David Bain has won the right to have a full appeal heard by the Privy Council in London.

Bain, who was jailed a decade ago for slaying five members of his family in their Dunedin home in 1994, filed an appeal to the Privy Council in December after an earlier bid in the Court of Appeal for a retrial was turned down.

Speaking from London today, Bain's lawyer, Michael Reed QC said he was "absolutely thrilled".

Bain has always maintained he was innocent of killing his mother Margaret, his father Robin, his sisters Arawa, 19, and Laniet, 18, and his brother Stephen, 14, early on June 20, 1994.

His supporters believe his father killed his wife and three of his children before shooting himself.

The three Privy Council judges had announced their decision around 3am this morning NZ time and Mr Reed had not yet been able to speak directly to Bain.

"We tried to get a message through to him and I believe he knows now," he said.

"We're sitting here in a great restaurant celebrating while he is locked up in a jail cell."

He said he had been "very impressed" with the Privy Council judges, who had been quickly persuaded of the "overall justice of the case".

The Crown lawyers had helped the case by admitting certain errors of judgment, he said.

The earlier appeal was ordered by Justice Minister Phil Goff, who asked the Court of Appeal for an opinion on new evidence about the case.

The Court of Appeal said a retrial was not needed on the grounds that the new evidence would not have changed the jury's verdict.

Costs were awarded against the Crown today.

Mr Reed said he expected the case would be heard in London in January or February next year.

"Of course we have a huge amount of preparation to do before then," he said.

So far there have been three failed bids for legal review and a plea for Royal mercy turned down.

Bain supporter Joe Karam, who has written two books about the case, said from London Mr Karam that the Privy Council decision had identified "40 or 50 factual errors" in the Court of Appeal decision.

"There has been bungling in this case right from the beginning, ever since the police went into the house and messed everything up," he told National Radio this morning.

"That bungling has continued, and meanwhile David Bain has been locked in prison."

The Office of the Police Commissioner issued a statement today saying police had not yet seen the detail of the Privy Council decision and its grounds for allowing the appeal hearing.

"It is inappropriate for police to make any comment until that information has been received and there has been an opportunity to consult with Crown Law on the decision," the statement said.

- NZPA