12 Mar 2009

Bain did not have a seizure - ambulance officer

9:30 pm on 12 March 2009

The former top ambulance officer in the Otago region has told a High Court retrial that he did not think murder-accused David Bain had suffered a seizure.

Mr Bain is being retried on charges of murdering five members of his family in Dunedin after an order by the Privy Council in 2007.

The Crown says Mr Bain, 36, murdered his parents Robin and Margaret and siblings Arawa, Laniet and Stephen at the family's home in June 1994.

The defence says Robin Bain killed the family present in the house in Every Street before shooting himself.

Craig Wombwell, the top ambulance officer in the Otago region in 1994, has told the court that he did not think David Bain had suffered a seizure.

Mr Wombwell was the first ambulance officer in the house on the morning the Bain family were found dead.

He was called in from his position outside the house by police officers who feared David Bain was suffering a fit.

But Mr Wombwell said after briefly examining Mr Bain he was sure that he was not displaying any classic signs of someone who had had a fit or seizure within the past few minutes.

That view was earlier matched by the police officer who saw Mr Bain shaking.

Constable Leslie Andrew said that based on his prior experience of seeing people fitting, he thought Mr Bain's actions were unusual as his eyes remained normal.

The High Court was also told that David Bain was tapping on the window when police arrived at the house where his family lay dead.

Police officers who attended the scene say a light was on and Mr Bain was tapping at the window when they got to the house.

Cross examined by Helen Cull QC, Constable Geoffrey Wyllie said he and another officer took cover in the bushes and waited for firearms to be brought before going inside.

The jury has also been told that police asked David Bain several times to open the door to the house where his family lay dead.

One of the police who attended the incident, former constable Kim Stephenson, told the High Court in Christchurch he asked Mr Bain to open the door, after seeing him in the window.

Mr Stephenson said he remembers the first time Mr Bain was asked to open the door he said the key was in the lock and the door wouldn't open because the lock was snibbed.

He said when Mr Bain was asked again he said "no Dad's in there".