13 May 2009

Expert says Bain didn't fake fit after family deaths

10:16 pm on 13 May 2009

A neurologist has told the David Bain retrial the accused had fainted and was not faking a fit in the hours after his family was shot dead.

The Crown says David Bain, 37, killed his parents Robin and Margaret and siblings Arawa, Laniet and Stephen at the family's house in Dunedin on 20 June 1994.

The defence argues Robin Bain was depressed and unstable, and killed the family present in the house before shooting himself.

The Crown says David Bain faked a seizure after the bodies were found.

But defence witness and neurologist Tim Anderson told the High Court in Christchurch on Wednesday that the symptoms observed by ambulance officers of detachment and light sleep were consistent with a faint.

Dr Anderson said there was nothing to indicate that David Bain was feigning the symptoms, and the coordinated shaking observed by one officer may have been caused by Mr Bain's distress.

The court also heard from a cousin of Robin Bain, who said he was shocked to hear an officer say that David Bain was the enemy and police were going to "get him" .

The comment was made as the family gathered after the funerals of the Bain family.

Michael Mayson says it is the thing he remembers most clearly of the three days he spent in Dunedin for the funerals.

Under cross-examination, Mr Mayson said he contacted Joe Karam to tell him about the comment after reading a book the ardent supporter of David Bain wrote.

Robin Bain fathered child with Laniet, court told

Earlier, the jury was told Robin Bain fathered a child with his daughter Laniet when they lived in Papua New Guinea.

The witness, who has name suppression, advertised for a prostitute to work with and subsequently employed Laniet Bain in 1993.

The pair would work as a team on jobs and through that work, the witness said she often saw Laniet Bain's body.

The witness said Laniet had stretch marks on her skin that looked like she had been pregnant.

The witness told Crown prosecutor Kieran Raftery that she discussed the baby with Laniet, who said it was fathered by Robin Bain.

The witness said she had no reason to doubt her friend about the baby, or its parentage.

David Bain's defence team says Robin Bain had a motive to kill the family because Laniet was about to reveal her father's sexual abuse.