Inquest decision on Bain killings possible next week

Photo / Martin Sykes

Chief Coroner Neil MacLean may announce next week whether there will be an inquest into the deaths of the Bain family members.

David Bain, 37, was acquitted of the murders of his parents and three siblings at a retrial which ended last Friday in the High Court at Christchurch.

He had spent 13 years in prison after originally been convicted of the crimes.

The defence case at the retrial was that his father, Robin Bain, killed the family members and then committed suicide.

The verdicts placed the accuracy of the family's death certificates into question.

Judge MacLean said last week he would discuss the matter with former Dunedin coroner Jim Conradson and current Dunedin Coroner David Crerar to assess the death certificates and whether they feel an inquest is needed.

He said today a consultation process was under way and some issues needed to be worked through before any decision could be made.

Some of the issues involved the differing legislation between the murders in 1994 and now. A new Coroners Act came into force on July 1, 2007.

"I anticipate being able to make a fuller announcement by the end of next week," Judge MacLean said.

Meanwhile, the High Court in Christchurch today released a copy of a 111 call made by David Bain in which the Crown contended contained the admission "I shot the prick."

That part of the call was not played to the jury at Mr Bain's retrial.

Forensic experts were divided on whether there was an admission or just meaningless exhalation of breath from Mr Bain.

The Supreme Court yesterday lifted suppression on that part of the 111 phone call, saying it was not considered relevant or reliable.

Mr Bain's lawyers asked the judge hearing today's application to refer that matter to the Solicitor General for investigation, Radio New Zealand reported.

- NZPA