KEY POINTS:
An elated David Bain remains determined to clear his name after walking out of court on bail following the Privy Council's decision last week to quash his convictions for the 1994 murders of five family members.
Bain appeared before Justice John Fogarty in the
High Court in Christchurch this afternoon seeking bail after serving more than 12 years of a minimum 16-year jail term for the murders.
He was jailed after a jury in May 1995 found him guilty of killing his father Robin, his mother, Margaret, and siblings Arawa, 19, Laniet, 18, and Stephen, 14, at the family's Every St home in Dunedin in 1994.
But 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.
On the steps of the courthouse this afternoon, a confident and smiling Bain fronted up to a barrage of camera flashes, microphones and tape recorders as journalists and television crews surrounded him.
Addressing the crushing throng beside long-time supporter Joe Karam, he thanked all his friends and said being granted bail was "a huge relief" as he didn't really expect the hearing to go his way.
"I was preparing myself for the worst," he said.
Bain said he didn't care "one way or the other" whether a retrial went ahead.
"I'll leave that up to the system to make their decision."
But asked if he wanted to clear his name, he replied: "Yes, definitely. It's always been important to me and it's always going to be."
Bain said the thing he'd missed most in jail was his friends and he planned on catching up with as many of them as possible tonight.
"They've kept me going and I just want to show them how much I appreciate it all."
Asked what he was going to do first, Bain said: "'I'm going to follow Joe home."
Mr Karam urged the media to give Bain some space as he ushered him into a taxi with his legal team.
In court
After a failed bid at the Court of Appeal, Bain's case went to the Privy Council in London in March and last week the Law Lords who heard the case ordered his murder convictions be quashed.
They ruled he had been the victim of a "substantial miscarriage of justice" during his trial in Dunedin and granted a retrial, but suggested Bain should remain in custody until that could be arranged.
However, Bain's legal team applied to the High Court for bail.
Around 70 people crammed into the Christchurch court's public gallery for the hearing and room had to be made for 25 journalists at today's hearing.
Among those supporting Bain's bid for freedom were staff at Christchurch Men's Prison who wrote letters backing his bail application.
Bain's lawyer Michael Reed QC told Justice Fogarty the "only real point" the Crown seemed to rely on for opposing bail was that in quashing the conviction the Privy Council had said Bain should remain in custody until a retrial. This was absurd, he argued.
Mr Reed said the Solicitor-General had stated publicly "a little ominously" that he was not going to be rushed into any decision.
"Why should David Bain stay a moment longer in prison while the Crown decides if a retrial should be held?" he asked.
Two tiers of the packed public gallery erupted in cheering and clapping upon news that he had been granted bail.
Justice Fogarty had to ask for restraint, saying he'd prefer no applause as the hearing continued to set any bail conditions.
Bain, dressed in a black suit and white unbuttoned shirt, grinned broadly, turned to the gallery and hugged his chief supporter Joe Karam before leaving the courtroom.
Now aged 35, Bain had been jailed when he was 22. Nothing could give him back the years he spent in prison, Mr Reed said.
"I urge you, your honour, as forcefully as I can to let this man get his life going again," Mr Reed said.
Crown counsel Cameron Mander told the court Bain was still indicted on five counts of murder and the Crown opposed bail.
He said the Privy Council had made it clear "the appellant must remain in custody, meanwhile" ahead of any retrial.
Justice Fogarty asked if the council really intended the direction as an order.
Mr Mander said his submission was that the Law Lords believed it appropriate for Bain to remain in custody.
Another submission against allowing bail related to the "obvious seriousness" of the charges, he said.
Justice Fogarty said he considered there was little likelihood of Bain breaching bail.
"We're not in a normal situation here," he told Mr Mander. "Apart from anything else, Mr Bain has already served 12 or 13 years," he said.
It was not as if he would be facing another lengthy term if convicted again at a retrial. In that event it was likely he would serve only two or three more years.
Justice Fogarty said he was satisfied the Privy Council had not intended ruling out Bain applying for bail.
The Crown argument that Bain might not turn up for any retrial did not recognise that he'd already served 12 years' imprisonment.
Justice Fogarty found there was "no significant flight risk in this case".
Reaction
Bain has been bailed to live Karam's property in Te Kauwhata, Waikato, with condition that someone else be at the property at all times and that he does not contact witnesses in the case or initiate contact with members of the Bain family.
Prime Minister Helen Clark said she had no opinion on the decision, and had nothing to say on whether the Crown would proceed with a re-trial or a pardon be granted.
"I have no comment, the matter is in the hands of the Solicitor-General."
Police said Bain's successful bail application was "just part of the process" following the Privy Council's decision.
In a statement issued tonight, Detective Superintendent Malcolm Burgess said the decision on whether to hold a retrial rested with the Solicitor-General, David Collins QC.
"Police will continue to evaluate the preparedness of witnesses and the state of the original evidence as part of that process," he said.
The case has created debate across the country about the credibility of the judicial system, and raised hopes for other convicted criminals fighting to clear their names.
The Sensible Sentencing Trust said it had no problem with Bain being granted bail.
"We actually support what happened today even though he's accused of murder," trust spokesman Garth McVicar said.
Mr McVicar said the trust had fought for justice for a number of people who had convinced its members that they had been imprisoned or found guilty when they were not.
He said the Bain case was example of police frustration.
"I think we're seeing the frustration of the police ... they decided in the early days that David Bain was their man and that they needed a conviction and they went all out for it."
He said there had been many cases where offenders had been released or found not guilty because of a technicality and the frustrations of the police were huge.
"As our justice system, if you want to call it that, has become offender-orientated, then we've seen the police having to come up with other means of getting convictions, and I think that's what happened in the Bain case, and possibly we've seen it in other cases as well," Mr McVicar said.
- Additional reporting NZPA
