David Bain - twelve years in prisonKEY POINTS:
Police seeking new information on the David Bain case say they have already been contacted by several people since the announcement yesterday that a retrial will be held.
Detectives have confirmed that a hotline is being set up and have issued an email address for people to send
information to.
Bain supporter Joe Karam said earlier this morning that he was "very angry" at the move and that if police went ahead with a hotline, Bain's team would too.
"I think this is absolutely outrageous and disgraceful," he said on National Radio.
But he told Newstalk ZB: "If they [police] are going to find any new evidence now, I would be very surprised."
A police statement issued late this morning said: "Already a number of persons have been ringing the Dunedin Police about the investigation."
The trial is likely to be in Dunedin early next year.
Detective Superintendent Malcolm Burgess said from Christchurch last night that a Dunedin police team had already completed initial preparations for further inquiries and analysis of new evidence in case a retrial was ordered.
Solicitor-General David Collins, QC, announced yesterday, 13 years and one day after the murders of Bain's parents and siblings in their Every St, Dunedin, home, that Bain was being ordered back to court.
Mr Burgess said a small police team in Dunedin had already assessed the availability of the original witnesses and found the trial evidence substantially intact.
The team, led by Detective Senior Sergeant Kallum Croudis, had established that all but three of the 91 original witnesses were available to give evidence and all trial exhibits from 1995 were available.
Police would also consider any new evidence in the case. An 0800 number and other contact details would be released by Dunedin police early next week.
The inquiry team would now focus on that work and on preparing available evidence for the trial, Mr Burgess said.
"That earlier preparation means we are well placed now to do this work. This is business as usual for the police team."
Bain's convictions for murdering his parents, two sisters and brother were quashed by the Privy Council in May and a retrial ordered.
He was released on bail the following week and is living in the Waikato with Karam.
Dr Collins said it would be up to the High Court to determine when and where the trial took place.
"There are indications that the trial may start in Dunedin early next year."
He warned journalists to be careful in the way they reported the case.
After Bain was released on bail, there had been public discussion of the merits of the Crown and defence cases, he said.
This was no longer appropriate now the decision to continue with the prosecution had been made.
"Guilt or innocence of an accused person is not decided by the media, or public opinion polls. Those who attempt to usurp or otherwise influence the trial risk facing a charge of contempt of court."
Dr Collins said he was taking the unusual step of explaining the decision because of the public interest and a "considerable degree of misreporting of information".
He highlighted three points from the Privy Council judgment:
* The Privy Council did not acquit Bain and said its judgment made no comment at all on whether he was guilty or innocent.
* The Privy Council had the option of allowing Bain's appeal and recording a verdict of acquittal, but did not do so.
* The Privy Council ordered a retrial.
Dr Collins said factors he took into account included the seriousness of the crimes.
"It is one of the most horrific cases in New Zealand's history."
He also took into account the time Bain had been in prison, availability of witnesses and exhibits, the length of time since the murders, whether a fair trial was possible and the strengths and weaknesses of the prosecution case.
Bain's lawyer, Michael Reed, QC, said last night from France that he was disappointed with the decision to retry his client.
Mr Reed, who is working and on holiday in France, said there was "a huge amount of work to be done" contacting witnesses and experts overseas.
"It's going to be a nightmare to put the cases together for both the prosecution and the defence because of the huge expense and the huge amount of time involved for the judge, jurors, the witnesses and the case itself. It will be a very long trial."
Professor Mark Henaghan, dean of the University of Otago law faculty, said there was no excuse to draw out the start of the retrial because both sides were likely to be well prepared after the Privy Council hearing.
He trusted a jury in Dunedin would be as fair as one anywhere.
In fact, Dunedin people might even be better informed than in other parts of the country because they had a greater interest in the case, he said.
Auckland University associate law professor Scott Optican said the Solicitor-General's decision was "completely defensible and justifiable" and Dr Collins must be confident in the Crown's ability to get a conviction and Bain's ability to receive a fair trial.
The defence could apply to the High Court to have the trial relocated if it felt a jury would not be impartial, but Professor Optican could not see any reason for that.
Mr Karam said Bain was initially disappointed with the decision because it made "a long, hard road even longer".
The retrial would give him the chance to clear his name.
For the time being, said Mr Karam, life would continue as usual. Bain was due to start a new sales and administration job at Wrightsons next week.
He declined to comment - before talking with Mr Reed - on how he and Bain felt about a possible retrial in Dunedin.
The Police Association has called for the retrial of David Bain to be screened live on TV.
Greg O'Connor, president of the association, said broadcasting the courtroom proceedings would allow the public to hear the evidence.
They could then make an informed decision after so much of the case had already been "played out in the court of public opinion".
* The police hotline is 0800 224647. The email address direct to the investigative team is bainhq@police.govt.nz
- with Otago Daily Times, Newstalk ZB, NZPA
