Michael Reed QC said the Crown was still testing evidence, even though it was nearly 12 months since Bain's retrial was ordered.
However, when asked yesterday why the scientific tests were not done earlier, police said they did not want to enter into a public debate on the matter.
Mr Reed said Bain's defence team was "very upset" at the continuing delay following a decision to put Bain's retrial off until next February.
In a judgement released on Tuesday, Christchurch High Court judge Justice Graham Panckhurst said the adjournment was in the interests of holding a fair trial and so scientific evidence could be finalised and made available for evaluation by the defence.
The delays were "causing great concern" to Bain's team because it must be given time when the Crown finished its case so the defence could be ready for the retrial, Mr Reed said.
"[The Crown] are still not ready and it seems they won't be ready for up to another three months. They should have had their case ready almost immediately, but they haven't."
He was also upset by comments in yesterday's Otago Daily Times from University of Otago law dean Prof Mark Heneghan, that questions might be asked if the retrial was delayed any further beyond February.
Delays so far were "not totally outside the ballpark" in terms of High Court trials, but if the retrial was delayed again in February, questions would have to be asked, Prof Heneghan said.
"Then you would say, `Well, is this just a tactic going on here, are people just playing the system out and hoping it goes away?"Mr Reed said he was "upset by the comments of that professor, what's his name, Heneghan, who is suggesting that there might be some tactic".
"That is absolute nonsense and the professor should not be venturing in to our realm at all.
The delays are purely at the seat of the police.
"It is not in David Bain's interest to have this drag on and it is absolutely ridiculous to suggest we are trying to delay it.
That is entirely wrong and I object strongly to that inference."
The officer in charge of the police team preparing the Bain prosecution, Detective Inspector Ross Pinkham, of Dunedin, said police did not want to enter in to a public debate regarding any delays and declined to comment further.
The lead lawyer for the Crown, Keiran Raftery, of Auckland, did not return calls yesterday.
