Jury urged to put aside any prejudices for Bain trial

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Fri, 06 Mar 2009 12:00a.m. UPDATED AT 1:40PM

David Bain in court today

David Bain in court today

The Judge presiding over the High Court murder trial of David Bain has urged the jury to cast aside any prejudices they may have towards him.

Bain is facing his second trial for the murders of his family in Dunedin in 1994 after the Privy Council quashed his conviction two years ago, citing a miscarriage of justice.

Justice Graham Panckhurst acknowledged the high public interest in the case and its coverage in the media over the last 15 years.

He told the seven women, five men jury this morning they have to put that completely out of their minds.

The Crown has begun its opening statement, and is expected to call about 150 witnesses in the three month trial.

Earlier, 36-year-old Bain pleaded not guilty to the charges of murdering his father, mother, brother and two sisters in 1994, at the family's home in Every Street, Dunedin.

A relaxed and smiling Bain arrived at the Court House about 9.30am with his legal team and chief supporter Joe Karam. He made no comment as they made their way through the waiting media scrum to the building's main doors.

Security was in place at the building today - as it has been this week - with people going through an airline-type x-ray and metal-detector system before being allowed inside.

Earlier Arthur Allan Thomas, pardoned for a 1970s double murder, arrived to support Bain through his retrial.

Mr Thomas, 71, a Waikato dairy farmer, was wrongly imprisoned for nine years in the 1970s for a double murder.

He received a pardon after a royal commission of inquiry found police had planted a bullet cartridge used to convict him.

Bain was sentenced to life imprisonment and served 12 years of his 16-year non-parole term after a jury in the High Court at Dunedin found him guilty on all five charges of murdering his family.

Two years ago, the London-based Privy Council quashed his convictions for murder and ordered a retrial, ruling a substantial miscarriage of justice had taken place.

Mr Thomas met Bain last year, and last week said he wanted to support him through the retrial.

Yesterday trial judge Justice Graham Panckhurst relaxed an earlier ruling on the issue of internet video coverage of the trial.

During Bain's original three-week trial in Dunedin in 1995, no cameras of any kind were allowed in the courtroom.
 
RadioLIVE / NZPA / 3 News

 

STREAMING OF THE TRIAL WILL RESUME AFTER THE LUNCH BREAK.

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