Request for ballistic evidence report provided by Victoria Forensic Science Centre for David Bain trial

The complainant made a request to the New Zealand Police (the Police) for a copy of a ballistic evidence report (the report) prepared by Mr Henry Glaser of the Victoria Forensic Science Centre (the VFSC) in 1997 in relation to a homicide investigation into the deaths of five members of the Bain family on 20 June 1995. Mr Joe Karam, Mr David Bain’s representative, commissioned the report.

The Police initially refused the request on the basis that it was “not their document to provide under the provisions of the Official Information Act”. During my investigation, the Police relied on section 9(2)(ba)(ii) of the Official Information Act 1982 (OIA) to withhold the report, on the basis that it was provided to the Police in confidence, and its release would be likely to damage the public interest in maintaining confidence in the Police as an organisation to be trusted to keep such information confidential.

I formed the opinion that the Police had good reason to withhold the report under section 9(2)(ba)(ii).