28 Mar 2009

Bain jury told of 'horrendous' fight in bedroom

7:34 am on 28 March 2009

A Crown witness in the David Bain retrial on Friday described finding blood-stained gloves in a bedroom in which a "horrendous fight" had taken place.

David Bain, who turned 37 on Friday, is accused of shooting his younger brother Stephen and the rest of his family - father Robin, mother Margaret and sisters Arawa and Laniet - in their Dunedin home on 20 June 1994.

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

The Crown continued its case on Friday, as former detective sergeant Milton Weir described the scene police discovered in Stephen's bedroom on the morning of the killings.

Stephen, who was 14, was shot after a bloodied and violent struggle with his killer, who the Crown says is David Bain. He had been shot through the hand, before being strangled with his T-shirt and then shot in the head.

Mr Weir told the court that blood covered the boy's bed, was on the duvet and had soaked into the electric blanket and on its controls.

Mr Weir said he found two blood-stained gloves under Stephen Bain's bed. The room was extremely dishevelled and it was clear there had been a "horrendous fight".

In the Crown's opening address three weeks ago, the jury was told that the gloves belonged to David Bain and he wore them to avoid leaving fingerprints.

Stephen Bain's room is crucial to the Crown case because it says David Bain went on to smear blood from that fight in many other parts of the house, and then washed his clothes to hide what he had done.

The court was also told about a lens found in Stephen Bain's room which the Crown says also links David Bain to the killing.

Trevor Thompson, who was a detective constable at the time, said the lens was found under a skate boot in Stephen's room.

The Crown says the lens came from a pair of damaged glasses found in David Bain's room.

Target discovered in father's van

A target discovered in the Comer van belonging to Robin Bain was also discussed on Friday. The jury was shown a photograph taken in the van which appears to show a shooting target.

When cross-examining a police officer who saw the target, defence lawyer Helen Cull challenged him as to why it was not seized as an important exhibit and why it was destroyed.

The officer said he had no knowledge of what happened to the target after he saw it.

But when re-examined by the Crown prosecutor, the officer was shown a target that had been seized by a different police officer, and confirmed it could be the item seen in the photo.

The defence says Robin Bain killed his family, then himself, because an incestuous relationship with his 18-year-old daughter Laniet was about to be exposed, and police failed to investigate the murder-suicide scenario properly.