6 Mar 2014

Salesman in Bain acquittal loses appeal

8:02 pm on 6 March 2014

A photocopier salesman involved in the acquittal of David Bain in 2009 has lost an appeal for defamation in a lawsuit against Television New Zealand.

At Mr Bain's retrial, Daryl Young told the court he had come across a van belonging to Mr Bain's father, Robin Bain, in a camping ground.

He testified he had heard voices he believed to be those of Robin Bain and a female, and later saw Robin emerge wearing only a towel and smelling of stale alcohol.

In a programme on the trial shown later on TVNZ, documentary filmmaker Bryan Bruce cast doubt on Mr Young's evidence.

Mr Young then sued for defamation, but lost in the High Court.

The Court of Appeal has now upheld that finding and ordered Mr Young to pay his own costs and those incurred by TVNZ in a cross-appeal against him.