2 Jun 2009

Crown summarises case against David Bain

10:44 pm on 2 June 2009

The Crown summarised its case against David Bain on Tuesday, telling and the jury that forensic evidence clearly points to the accused killing five members of his family in 1994.

David Bain, 37, is accused of shooting his father Robin, mother Margaret, brother Stephen 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 using the accused's rifle to shoot himself. It says Robin Bain's motive was depression and shame over an incestuous relationship he was having with Laniet Bain.

But Crown prosecutor Kieran Raftery told the jury in the High Court in Christchurch that the case is about who the evidence points to - and that the forensic case only points to David Bain.

Mr Raftery says there is no forensic evidence that links Robin Bain to any of the murder scenes, but there is plenty that shows that David Bain was the killer.

He told the jury that once all the facts are added up, it is clear David Bain was the killer and there is only speculation behind the defence's contention that Robin Bain was responsible for the deaths.

Mr Raftery says the accused made an unusual effort to ensure that a woman on his paper run saw him to help create an alibi, and he was trying to frame Robin Bain for the killings by typing a message on the family computer saying: "Sorry, you are the only one who deserved to stay".

Mr Raftery told the jury the message on the computer was not something that Robin Bain would have typed.

"In effect, the Crown says this message is a get-out-of-jail-free card for David. It's not the speakings of the mind of a man who is taking his own life and wants to leave some sort of explanation behind to those that come after."

Incest claim not independently proven - Crown

The Crown told the court evidence that Laniet Bain was being molested by her father was never independently proven.

Mr Raftery says evidence given during the trial from various people added up to Laniet Bain giving birth to three babies and having an abortion all before the age of 12-and-a-half.

He says there was no evidence of that being true and, therefore, whatever Laniet Bain was saying cannot be relied upon.

The court was told if David Bain really had come home from his paper run to find his shot sister Laniet Bain gurgling, he would have called for help immediately.

The Crown says the fact that he did not, is one of the indicators that David Bain was the killer, not Robin Bain.

Mr Raftery says the normal human reaction to hearing an injured person gurgling would be to get immediate help.

"The idea that David has come home and heard her gurgling is, in the Crown's submission totally untrue, totally untenable. That comment of his is again another of those Freudian slips that indicates he's talking about a time during the course of the murders he was committing."

The defence will present its closing address on Wednesday and Justice Panckhurst is due to direct the jury on Thursday. Deliberations are expected to begin later that day.

So far, proceedings have taken 54 days with evidence being heard from 184 witnesses.

David Bain's retrial follows a Privy Council decision in 2007 to quash his original convictions.