Bain relatives seek advice over inheritance

JOHN KIRK-ANDERSON/The Press

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Relatives who benefited from the Bain estate have sought legal advice.

Michael Bain, David Bain's uncle, said yesterday the family was considering its position in light of a possible claim against the former estate of Robin and Margaret Bain, who were shot on June 20, 1994, in Dunedin, along with their children Arawa, 19, Laniet, 18, and Stephen, 14. The estate has been wound up.

Michael Bain, Robin's brother, said from Wellington yesterday that the former trustees, of whom he was one, were receiving legal advice.

Other family members have a "pact of silence" against the media and declined to comment yesterday.

The proceeds of the estate were distributed to Robin's two brothers and a sister, and Margaret's three sisters. David was disqualified from inheriting by his murder convictions in 1995.

The exact amount cannot be published because of suppression orders but, with interest over 15 years, the amount would be well over $600,000. In 1994 it was enough to build a substantial house.

After a retrial, David Bain, 37, was last Friday found not guilty of murdering his family, but that has not ended the matter. The Dunedin coroner will decide this week whether to hold an inquiry to ensure the death records have the correct information.

Apart from the inheritance issue, Bain's legal team will have to decide whether to apply to the Cabinet for compensation.

If Bain's relatives decide not to repay the money, he will have to mount a legal challenge that if defended could result in the murder charges being relitigated.

To obtain compensation, Bain needs to show he is more likely than not to be innocent, in contrast to the jury test of guilty beyond reasonable doubt.

Canterbury University Law School senior lecturer Chris Gallavin said a civil claim could be reliant on the coronial finding, but other factors would be taken into account.

Many people would find it confusing, "and the relationship between all these probably gives the impression the state is out to get David", he said.

Calls from Bain supporters for an inquisitorial system instead of a jury system were silly. They should be extolling the virtues of a jury system, given the verdict, he said. Any system would struggle with a case like the Bain saga because the "facts fall relatively evenly".

- © Fairfax NZ News