6 Apr 2009

Bain detective recalled over evidence-planting claim

6:56 pm on 6 April 2009

David Bain is charged with murdering his brother Stephen along with his two sisters and his parents in Dunedin in 1994.

A pathologist, Dr Alexander Dempster, is giving evidence about how each of the victims were killed.

He said a post mortem showed Stephen Bain had been asphxiated before being fatally shot in the head, and there were abrasions and bruises on his body.

IN: THEY ARE MULTIPLE

OUT: THAT I IDENTIFIED

DUR: 20"

Dr Dempster's evidence will continue tomorrow.

The defence maintains Mr Bain's father Robin killed his family before shooting himself.

A detective has been recalled to give more evidence in the David Bain retrial after an allegation that a senior police officer planted evidence during the homicide investigation.

A detective has been recalled to give more evidence in the David Bain retrial after an allegation that a senior police officer planted evidence during the homicide investigation.

Mr Bain is accused of murdering five of his family members, including his 14-year-old brother Stephen.

Police who examined Stephen's bedroom have already given evidence that a vicious struggle took place there.

Last week, the defence accused former detective sergeant Milton Weir of planting a spectacle lens that was later linked to the frames in Mr Bain's bedroom.

Detective Jacques LeGros was recalled on Monday to tell the High Court in Christchurch about searching the room with Mr Weir.

He said he and Mr Weir worked shoulder to shoulder and he did not see any misconduct.

However, Detective LeGros accepted under cross-examination that he was not with Mr Weir in the room at all times.

Mr LeGros said that if he had seen Mr Weir plant the lens he would have reported him immediately.

Blood test samples lost

Blood test samples from the Bain house were lost in a laboratory several years after the killings of five family members, the court was told on Friday, at the end of the retrial's fourth week.

The defence criticised the forensic handling of the case, saying some of the examination was sub-standard.

The court heard evidence from forensic scientist Peter Cropp, who was working for Environmental Science and Research, but has since retired.

Dr Cropp was asked by defence lawyer Hellen Cull what had happened to blood test slides when the defence asked to look at them in 1997.

Dr Cropp said he understood they had been lost in the laboratory some time after he had left ESR. He said he was quite shocked that the slides had gone missing.

Blood spots on curtain inconclusive

Dr Cropp told the court that blood spots on a curtain near Robin Bain's body could not indicate the point of impact when he was shot.

Dr Cropp was asked to re-evaluate the curtain in the lounge in 1997 and deduced that Robin Bain's blood had been projected from an area of less than a metre above the floor.

Cross-examined by Ms Cull, he said his calculations did not indicate the height at which Robin Bain was shot and the blood may have come from his head as he fell.

The Crown says Mr Bain shot his father from behind the curtain as he knelt to pray.

The court was told that a blood drop on Robin Bain's fingernail could have been tested using modern methods if it had been kept.

The defence contends some blood samples from Robin Bain may have exonerated Mr Bain if they had been tested.

Under cross-examination, Dr Cropp agreed that it may have been possible to test a blood droplet from Robin Bain's fingernail if it had been collected.