David Bain wants rifle, photo albums returned

David Bain. Photo / Supplied

David Bain wants his rifle back, the same rifle that was used in the killing of his family.

A letter has been sent from Mr Bain's lawyers to the Crown asking for his belongings that were used by police as exhibits in two High Court murder trials.

Police spokeswoman Vivien Pullar said police wanted the exhibits retained until "any other inquiries that might be contemplated".

It is understood that this includes any compensation pay-out that Mr Bain may be seeking.

Mr Bain's supporter Joe Karam said Mr Bain only has four photographs of his family and the items he wants returned include family photo albums.

"It's a simple situation. David was found not-guilty. Most media can't understand what that means but he has.

"When most people are taken to trial by police, the police do get it right, and they are found guilty so the exhibits are returned to police. In this case David was found not guilty and a vast number of the exhibits that the police put up actually belong to David," Mr Karam said.

He said David did not want his personal possessions ending up in a dump.

Mr Karam said the story of David's property has been leaked by police to the media and there is no story.

He said there is bitterness on behalf of police.

"They wont speak to us, they wont communicate, they wouldn't even shake hands at the end of the trial," Mr Karam said.

Crown Law spokeswoman Jan Fulstow said the items held by the court do not just belong to David Bain but other members of the Bain family.

Ms Fulstow said it is likely that the matter will have to go before the court and she could not comment further.

Mr Bain, 37, was found not guilty in June of fatally shooting the five members of his family in their Dunedin home in 1994.

Mr Bain spent 13 years behind bars before being found not guilty at his retrial. He is currently on an overseas holiday.

One News reported last night that Mr Bain's lawyer Helen Cull, QC, had confirmed that after the retrial the defence team applied to get many of the 500 exhibits - including the rifle - to ensure they were not destroyed or lost.

One News said the prosecution was holding on to the exhibits until Mr Bain's claim for compensation for his time in jail had been dealt with.