Complaint filed over Bain doco

David Bain. File photo / Pool, Christchurch Press

TVNZ has received a formal complaint about a controversial documentary which reveals inconsistencies in the testimony of a surprise witness in the David Bain retrial.

It was not known last night who had made the complaint against Bryan Bruce's The Case Against Robin Bain, which screened on Tuesday, but Bain's lawyer, Michael Reed, QC, had said he was considering laying one, calling the programme "unadulterated rubbish".

Bain's chief supporter Joe Karam said Mr Bruce refused to approach the defence team for input.

TVNZ spokeswoman Katherine Klouwens said the complaint came via the Broadcasting Standards Authority.

It would be reviewed by an independent person who deems whether it should be lodged with the BSA.

The broadcaster had also received "a handful of phone calls" following the documentary, with viewers divided.

Police are also looking into claims in the programme that defence witness Daryl Young's testimony was inconsistent with new research.

The complaint came as a defamation case against auction site Trade Me, led by Mr Karam, got under way yesterday. The claim relates to 302 posts on Trade Me message boards.

Trade Me's lawyer Robert Stewart told the Herald last night a meeting was held via telephone between Associate Judge Roger Bell in the High Court at Auckland, Michael Reed and Daniel McLellan, who represents Trade Me.

The next telephone conference would not be held until November.

"Mr Karam's given an indication that he wants to file an amended statement of claim and various other replies to the defence are to be filed," Mr Stewart said.

Last month Karam said he had issued two claims at the High Court against members of Justice for Robin Bain Group (JFRB) and counterspin.co.nz, and Trade Me.

One claim was against Vic Purkiss and Kent Parker from JFRB and counterspin.

JFRB is an activist group against David Bain, who was convicted in 1995 of murdering his parents, Robin and Margaret, two sisters Laniet and Arawa and brother Stephen in their Dunedin home. In 2007 the Privy Council quashed his convictions and ordered a retrial.

He was found not guilty at a retrial in June last year, after his defence team had argued that his father, Robin, had shot the other four family members before turning the gun on himself.

Bain has made a claim for compensation for wrongful conviction and imprisonment. JFRB started a petition against the claim.

Meanwhile, it was revealed yesterday that a Christchurch student who was on the retrial jury had a theft conviction that neither the Crown nor defence knew about.

KARAM'S LEGAL FIGHTS
* Suing the Justice for Robin Bain Group (JFRB) and counterspin.co.nz over comments on social networking sites.
* Suing Trade Me over comments posted on its message boards.
* Is considering laying a complaint with the Broadcasting Standards Authority over The Case Against Robin Bain.