21 Apr 2009

Bain retrial told witness changed her evidence

5:38 pm on 21 April 2009

The High Court in Christchurch has heard that a woman who saw David Bain on the morning his family was killed, changed her evidence after his retrial was ordered.

David Bain, 37, is charged with killing his parents Robin and Margaret and siblings Arawa, Laniet and Stephen at the family home in Dunedin on 20 June, 1994.

He denies the charges. The defence says Robin Bain killed the family present in the house before shooting himself.

At the first trial in 1995, Kathleen Mitchell said she did not see him that day, but was aware he had delivered her newspaper.

It was revealed in the High Court on Tuesday morning that in 2007, Mrs Mitchell revised her statement after a retrial was ordered.

She told police she had not wanted to get involved in the first trial, but she did see Mr Bain as he came up onto her balcony, which she said he never normally did.

The Crown says Mr Bain made a point of completing his paper run early and made sure he was seen to give himself an alibi.

Laniet Bain 'scared' of brother

Two new witnesses have told trial that Laniet said she was scared of her brother.

The witnesses, who have never given evidence against David Bain before, testified in the High Court in Christchurch on Tuesday afternoon.

They are among the last people to have seen Laniet Bain alive in 1994.

Three witnesses have told of seeing Laniet on the Sunday night before the killings.

They say she told them she had to get home to a family meeting called by David Bain.

One of them, Laniet's former music teacher, says Laniet said she was scared of David and did not want to attend the meeting.

Another witness, Marcelle Nader-Turner, also said Laniet told her she was scared of David. She said he was freaky and that she disliked him.