KEY POINTS:
The Government had not considered intervening in the David Bain case, Prime Minister Helen Clark said today.
That had not been the direction of the Privy Council, which had quashed Bain's conviction and had sent the matter back to New Zealand for consideration of a re-trial.
"We have
not considered intervening in that process at all," Miss Clark.
"This is something that has moved through the courts system to the highest appellate court pertaining to the Bain case. It now comes back to New Zealand to the solicitor-general to make a decision and he will want to study the Privy Council decision very carefully...," Miss Clark said.
The London-based Privy Council last week quashed Bain's conviction for murdering his family in 1994.
Some have pointed to the case of Arthur Alan Thomas, who was pardoned after being convicted of double murder. The Muldoon government ordered the pardon and set up a commission of inquiry headed by an Australian judge.
Asked about whether the Government should do something similar, Miss Clark said the Government had not considered intervening in the Bain case.
Asked also about the fairest way to go, Miss Clark also would not be drawn.
"I don't think it's appropriate for me to offer an opinion on what the appropriate course is. It's very important that I as prime minister not be seen to in any way direct the solicitor general in his statutory duty..," she said.
Any comments also must not impact on any re-trial if one was ordered.
Prison staff support
Some staff at the prison where David Bain has been held for 12 years are backing his bid for freedom.
About 10 letters in support of the bail application, from people in and outside Christchurch Men's Prison, have been gathered to present to the court, says Bain's chief supporter, Joe Karam.
Mr Karam, who met Bain in prison yesterday, said he was "prepared for the worst and hoping for the best".
"David put on some nice, new, finely tailored cotton shirts, which he hasn't done for 12 1/2 years. Imagine that feeling. He doesn't want to get his hopes up. He's always careful about getting too excited about things.
"He's a bit tired, like I am. It's a lot going on. After all, [five] days ago he was one of New Zealand's worst convicted criminals. He is still in custody and [today] he could be ... smelling the roses."
In the letters read aloud by Mr Karam, the prison staff members say Bain is of good character and no risk to society.
A workshop instructor who has known Bain for 4 1/2 years described him as "helpful, diligent, obliging, trustworthy and genuine".
"David has never been involved in any incidents or aggression while working at the workshop. I would doubt that David Bain would pose a threat to anybody. His nature is peaceful and calm."
A prison guard who has known Bain for 11 years said he had always found him "a very strong person mentally, with a very good sense of humour".
"David is very well thought of by his peers, both his fellow prisoners and prison staff who have had to deal with him on a daily basis. I do not consider David Bain a risk to disappear, abscond or leave New Zealand, as I believe it is far more important for him to set the scales of justice right."
Mr Karam said even "hard-core" fellow inmates had come up to Bain and shaken his hand.
"He's had some hard times. He's had to defend himself and he's been assaulted. It's a tremendous learning curve."
He said Bain had dealt with the public in his supply job in prison, so could deal with people on the outside. "My own view is that he is probably better equipped than we are to deal with something of the nature of what he is going to have to do."
Asked what Bain would say to New Zealanders if freed today, Mr Karam said: "Even if he planned it, I doubt if [the words] would come out right. I think the moment will take over."
If freed, Bain will live with Mr Karam at his Te Kauwhata property. Asked what would happen then, Mr Karam said: "The plan is not to tell anyone what the plan is."
- with NZPA
