6 May 2009

Crown's evidence against David Bain completed

6:55 pm on 6 May 2009

The Crown case against David Bain has ended after nine weeks of evidence.

Mr Bain, 37, has pleaded not guilty to five charges of murdering his parents Robin and Margaret and siblings Arawa, Laniet and Stephen at the family's house in Dunedin on 20 June 1994.

A new theory about a controversial lens was introduced late on Wednesday by a forensic photographer called in to review the visual evidence after the retrial began.

Constable Simon Schollum was asked to put all the evidential photos and video into chronological sequence.

Mr Schollum says in this process he established the location of the controversial spectacle lens that the Crown says links David Bain to the fight in his brother Stephen's bedroom.

He says the lens was visible all along, and can be seen in photos taken on the day of the killings.

He says it would have been moved to the location it was eventually found in when Stephen Bain's body was taken away.

The defence has already accused another officer of planting the lens to incriminate Mr Bain.

The Crown's evidence against Mr Bain will be formally completed by the 111 call which the jury wants to hear again.

Transcript read in court

Earlier on Wednesday, a court transcript revealed David Bain was challenged over the reason he changed his story when he was first tried for the murders of his family.

The transcript of the evidence Mr Bain gave in 1995 was read to the jury in the retrial, in the High Court in Christchurch.

It reveals that when giving his evidence, David Bain was asked why he suddenly remembered he had been into the bedrooms of his siblings and seen they had been shot.

Mr Bain said his memory returned after he spoke to a doctor, six months after the killings.

But in his cross examination, he was asked if this coincided with the depositions hearing, during which the police revealed they could link Mr Bain to the bedrooms of his siblings through the blood found on his clothes.

Mr Bain accepted his memory of seeing all of his family dead and even touching them did return six months after the killings, but did not know if that related to the depositions evidence.

He said he could not recall the exact time during his sessions with the doctor that his memory returned.

The court was told that the depositions hearing was the day before Mr Bain first saw the doctor.

Mr Bain also told his first trial he could not remember discussing the presence of black hands with emergency personnel who came to the house on the day of the killings.

Previous testimony

The cross examination in the first trial was carried out by Crown prosecutor Bill Wright.

He asked Mr Bain about his relationship with his father Robin and Mr Bain said he loved him very much.

He said their relationship was close, but he had a vague recollection of telling an aunt that he hated his father and that he was sneaky.

Mr Bain told the court his father was controlling and would embark on guilt trips to make him feel bad.

He said they had an argument about a chainsaw the weekend before the killings, and that they had constant battles over using the chainsaw.

Mr Bain was asked if he resented his father for asserting his authority, and he said he did not.

He said he understood that his father had been having a tough time with his mother and felt he was trying to get back into the family by being domineering.

He said he told an aunt that his father had "got" Laniet, who had been a sweet gentle girl but who had succumbed to their father's control.

Mr Bain confirmed he had told extended family that he considered they were a family of four, since Laniet and Robin had moved out of the house.

He was asked about a fight his parents had on the Saturday night before the killings and said although he was not present, he knew it was about replacing the guttering on the house.