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Home / New Zealand

Bain defence opens, 111 tape replayed

By Jarrod Booker
NZ Herald·
7 May, 2009 10:26 PM4 mins to read

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David Bain told an ambulance officer 'they are all dead. My family are all dead', jurors heard. Photo / Pool

David Bain told an ambulance officer 'they are all dead. My family are all dead', jurors heard. Photo / Pool

To listen to the 111 call, click on the audio icon below the picture to the right.

The onus is all on the prosecution to show that David Bain murdered his family, and that his father Robin Bain was not the killer, a court has heard.

Bain's defence team has this morning opened its case in the High Court retrial of Bain for the murder of his
parents and three siblings and indicated Bain himself is unlikely to give evidence.

Bain, 37, denies murdering his parents and three siblings in their Dunedin family home on June 20, 1994. His defence team say his father Robin, 58, shot dead his family before turning the rifle on himself.

Defence lawyer, Helen Cull QC, surprisingly spoke for only a few minutes in opening the defence case, telling the jury they had already been forced to listen to a lot of information in the trial.

Ms Cull said the defence would call in excess of 50 witnesses, many of whom could and should have been called by the prosecution. These witnesses will include overseas experts and school principals.

Ms Cull did not outline who the witnesses are or what the nature of their evidence would be.

She said the jury had already heard several interviews by police with Bain, and Bain's evidence from his first murder trial in 1995.

"Matters are now 15 years on, there is nothing more he can contribute.

"He has always maintained his innocence, as you have heard. And he still does."

Ms Cull said it was very important the prosecution proved the case against Bain beyond a reasonable doubt. But the prosecution was also obliged to show that Robin was not the killer.

The jury had to be clear that Bain was the killer, and it was not Robin.

The trial has now been adjourned for the day because the defence is not ready to call the first of its witnesses.

Bain 111 call

The jury earlier listened for the second time to a 111 call Bain made on the morning his family were killed.

A second opportunity to listen to the tape was requested by the jury as the prosecution closed its case on Wednesday. The tape was first played to the court in the early stages of the trial.

Click here for the transcript of the call

Bain says he made the call to emergency services after arriving home from his paper round on the morning of June 20, 1994, and finding his family dead.

On March 18, jurors were played the tape with David Bain crying: "They're all dead, they're all dead. I came home and they're all dead" at the High Court in Christchurch today.

Bain made the call sometime after coming home from his paper round on the morning of June 20, 1994.

He called 111 and told an ambulance officer "they are all dead. My family are all dead, hurry up".

The ambulance officer who took the call described it to the court in March as "unusual" because Bain was able to give him basic information.

Thomas Dempsey said it was easy to get Bain's telephone number, address, name and what happened.

He said in his experience of answering hundreds of 111 calls from people who are "overwhelmed by a situation", callers often find it difficult to give simple information.

Under cross examination by Bain's lawyer Michael Reed, QC, Mr Dempsey confirmed that he had no formal training or qualifications in "voice stress training".

Mr Reed asked him if he was aware that voice stress "cannot be controlled at will".

The jury, at their request, have today also had a second viewing of video footage shot by police inside the Bain family home.

The footage shows the bodies of the five members of the Bain family as they were found by police.

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