A NEW Zealand man who has spent the last 12 years in prison for murdering his entire family had his first taste of freedom today when he was granted bail after his convictions were quashed.
David Bain, now 35, was found guilty of murder in 1995 of shooting dead all five members of his family in the South Island city of Dunedin. He was jailed for a minimum of 16 years.
But last week, his convictions were quashed in a last-ditch appeal to Britain’s Privy Council.
The public gallery of the High Court in Christchurch erupted in cheers and applause today as Bain was granted bail today pending a decision on whether new charges would eb laid.
A grinning Bain, dressed in a black suit and white unbuttoned shirt, hugged his chief supporter, former All Blacks rugby player Joe Karam, before emerging, waving, from the court.
“He’s elated,” said Karam, who has written three books on the case.
“I expected David to be out today, and he is. It is great to see,” Karam said.
Asked how he felt, a smiling Bain said:”It is pretty damned good. I was preparing myself for the worst.
“It has been an exceptionally long time.”
The decision on whether Bain must face a new trial rests with Solicitor-General David Collins.
Bain has consistently said he was innocent of the murders, and said he arrived home in Dunedin from his early morning paper round in 1994 to find his parents Robin and Margaret, sisters Arawa, 19, and Laniet, 18, and his brother Stephen, 14, all dead.
Bain’s supporters say Robin Bain must have killed his family before turning the gun on himself.
The Privy Council, New Zealand’s last avenue of appeal, said there was evidence a “substantial miscarriage of justice” had occurred.
Bain was to spend his first night of freedom in the company of friends who supported him while he was locked away.
His lawyer, Michael Reed QC, who argued the case before the Privy Council, said Bain’s innocence had been established and he should be given compensation.
Reed said he hoped Bain would eventually be pardoned.
“If he is innocent, which I consider he is, imagine losing five of your family and being accused of it and being locked up,” Mr Reed said.
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