Defamation appeal dismissed

A Dunedin man's defamation appeal case has been dismissed and he has been ordered to pay appeal costs.

Darryl Young, a photocopier salesman, was a defence witness at the David Bain retrial, held at Christchurch in 2009.

In both the original trial and retrial the nub of Mr Bain's defence was that it was his father, Robin Bain, who murdered his wife and other three children before killing himself.

At his 2009 retrial David Bain was found not guilty.

On July 6, 2010, a documentary The Investigator Special: The Case Against Robin Bain screened on TV One, attracting 600,000 viewers. In his documentary, film-maker Bryan Bruce alleged Mr Young's evidence about selling a photocopier to Robin Bain, a principal of Taieri Beach School, was inconsistent.

Another salesman, interviewed by Mr Bruce, said he had sold the photocopier and was not aware of Mr Young visiting the school as many times as he said he did.

A former teacher at the school was also interviewed and her answers contradicted Mr Young's evidence.

On December 14, 2011, Mr Young filed in the High Court a claim against TVNZ, the documentary production company, Red Sky, and Mr Bruce.

A claim was also filed against TVNZ for follow-up news stories, and against Red Sky for defaming him in a documentary on the website, and against both parties by supplying a police letter to TVNZ.

Mr Young alleged the publications meant he was a liar, dishonest, could not be trusted, and committed perjury when he gave evidence in the trial.

In a March 6 decision, the Court of Appeal upheld Justice Gilbert's earlier directions from 2012, and dismissed Mr Young's appeal.

He was ordered to pay the cost of his appeal and the cross appeal of TVNZ, Red Sky and Mr Bruce.