“Substantial Miscarriage” in Bain Case

Britain’s Privy Council has quashed the convictions of alleged mass-murderer David Bain, set down by the New Zealand Court of Appeal in 1995. The Council ruled that a “substantial miscarriage of justice” had taken place and has ordered a retrial. Bain was convicted in May 1995 aged 22 for the murder of five family members, but the case against him has been mired in controversy ever since. Longtime Bain supporter Joe Karam and his legal team took his case to the Privy Council after failing in a series of attempts to have it retried by the Court of Appeal. According to the Council’s Law Lords, the issue of Bain’s guilt “is one for a properly informed and directed jury, not for an appellate court. Even a guilty defendant is entitled to such a trial.” A decision regarding a retrial will be made by NZ’s Solicitor-General, Dr David Collins QC. On Tuesday 15 May, Justice John Fogarty ruled that David Bain be released on bail to live at Karam’s property in Te Kauwhata, south of Auckland.