LawFuel – <a href= The Law Jobs and News Wire – In a highly unusual move, multiple murder accused David Bain returns to the Privy Council tomorrow seeking to have his charges dismissed.
The appearance, handled by Michael Reed QC who oversaw the last, successful appeal to the Privy Council, is seeking permission to appeal which, if granted, would result in either an acquittal or a stay.
The application is highly unusual, but Bain’s case is itself unusual for a number of reasons, not the least being that it is before three different courts at present. The highly controversial case is already the result of an unusual Privy Council decision from May 2007,saying there has been a substantial miscarriage of justice. He was released after serving 13 years.
Bain’s lawyers earlier said that after finding new evidence they would ask the Privy Council to recall the decision it delivered last year that Bain should be retried for the murder of his father, mother, two sisters and a brother in Dunedin in 1994.
Legal experts say the application is most unusual as the court had already ordered a retrial. Bain’s lawyers would have to prove he could not get a fair trial in New Zealand or that no reasonable jury could convict him.
This would require either significant new information or a new legal principle not presented at the last hearing.
If the Privy Council agree to the application the retrial, presently scheduled for February, is likely to be stopped, although it could be several months before the appeal itself is heard.