Bain experienced deja vu before family murders, court told

A witness told the court that she struck up a relationship with David Bain through university and theatre productions they were in. Photo / Pool

David Bain told a friend he thought something horrible was going to happen a few days before the death of his family, a court has heard.

The friend told the High Court today that after Bain's parents and siblings had died of gunshot injuries, she asked him if this was the horrible thing he foresaw, and he dropped to his knees, and then had a "good old yell".

David Bain, 37, is on trial in the High Court for the murder of his parents and three siblings in their Dunedin home in June 20, 1994. His defence team argue his father Robin Bain, 58, shot dead the rest of the family before turning the .22 rifle on himself.

The friend, whose name is suppressed, also told the court that Bain showed her scratches on his left side, which he could not explain, and asked her whether he should tell the police about it. The prosecution say Bain suffered various injuries in a struggle with his brother Stephen, 14, before shooting him dead.

The woman told the court she met Bain through university and theatre productions in 1994, and he opened up to her about how "he felt that he didn't have any real friends", and had been badly hurt and betrayed in past relationships.

Bain talked about his public smiling jokey face, that everyone knew, and his private serious face, she said.

"He said 'anybody I have ever loved, I have ended up hurting'."

She said Bain raised with her the concept of deja vu and asked if she knew what it was.

David gave examples of being able to see things before they happened. He found it difficult to articulate this.

The friend said that six days before the deaths, Bain told her he thought something horrible was going to happen.

"I asked him what he meant, and was it anything to do with (his girlfriend), and he said 'I don't know'."

Two days after the deaths, the friend said David called her from his uncle and aunts' home, where he was staying, and wanted to meet with her and Bain's girlfriend.

They met and the three went walking on a beach, letting Bain steer the conversation.

But the friend said there was a point where she asked Bain if the death of his family was the horrible event he had foreseen.

"He reacted very strongly to this."

He did not answer, and took two steps forward and dropped to his knees. He was holding his stomach and was very upset. He stayed down on his knees for a few minutes. When he got up, he walked on further and "had a good old yell".

The friend said she asked Bain if he should tell the police about his premonitions. He said he had already told a police detective everything about his family.

She recalled Bain telling her: "I don't know what I can say to the police to make them believe I didn't do it."

Questioned by defence lawyer, Michael Reed QC, the friend agreed that Bain, after stating that if his father was the killer he would be very angry, also said: "I didn't do it", with his fists clenched.

Bain told her his parents were going to be cremated, and his siblings buried. This was based on what they said they wanted in a past family conversation.

He spoke of pieces of music for the family, and said his sister Laniet wanted the song `Who wants to live Forever'.

"Which I thought was a bit peculiar."

When Bain showed his friend the scratches it was in the context of a discussion about a period of about 20 minutes on the morning of the deaths that Bain could not account for.

Former girlfriend gives evidence

Earlier, Bain's former girlfriend - whose name is also suppressed - told the court he had told her if his father was responsible for the killings he could never forgive him.

The woman said that when Bain mentioned himself in relation to the deaths, she interrupted and told him: "David, you could never do that".

The woman struck up a relationship with David Bain in the weeks before the killings and said she visited Bain soon after the deaths and told her how sorry she was.

David told her about coming home and washing clothes and finding bullets on the floor, before finding his parents dead. He told her he never saw his three siblings' bodies.

She said David told her it was his gun used in the shootings.

Bain told her that on the morning of the deaths, there was 25 minutes between him getting home from his paper round and calling the police.

He told her he was worried something had happened to him similar to a concert they had attended, where Bain was staring ahead and appeared unresponsive. David suggested this could be a form of epilepsy.

She told him she was terrified he might be accused of the murders and asked Bain if he had any blood on him, to which he said he didn't.

Bain said there had been tension in the family home prior to the deaths, and he and his father had an argument about a chainsaw.

The witness earlier said Bain had cried when the pair went to see a movie together.

She told the court she agreed to go to the movies with Bain to see Schindler's List, a "harrowing" movie based in World War Two.

"David cried. I didn't openly cry, but we held hands. He told me he didn't like it very much."

The woman recalled a visited to Bain's house with Bain and another friend late one night.

She said she went into the house, down the hallway and down stairs into the kitchen. When she couldn't find the light switch in the toilet, she said Bain told her not to worry about it and to leave the door open, which she did.

She said saw a list with food on it that the family should eat and rabbit was on the list. Bain told her the family would eat rabbit when he went hunting for them.

The three went into Bain's bedroom, and she noticed Bain was wearing a coral shell necklace with a dog whistle on it.

In Bain's room where books, including one about massage. Bain also pointed a massage table. He said he and his mother would do massage. The woman said she pointed out people in the book were naked and joked if he and his mother did it like this, and Bain asked her what was wrong with that.

The woman said recalled telling Bain at one stage that she liked him, and did not get a response.

"I didn't expect a response."

The woman said she went with Bain to a Victorian costume ball at Larnach Castle on June 5, 1994. Afterwards they stopped at a scenic lookout, and "stared at the stars" together.

They went back to Bain's house and into his bedroom. She said Bain gave her a card with a poem about "giving his heart", and he also gave her a rose.

He said he felt comfortable with her, but wanted to take things slow.

Back at her home, the woman said they chatted about what they wanted to do with their lives.

They had an argument after the woman enquired about why Bain had not left home. She said Bain told her that his mother did not love his father any more and had moved out.

Bain said his sister Laniet had become a rebel and moved out because of their father.

Later, she said they talked about disciplining children and family, and Bain told her he didn't have a great relationship with his father.

The woman also recalled going to a concert with Bain, and towards the end he became very still and started staring straight ahead. When everyone clapped, Bain didn't react and she "elbowed" him and nothing happened. He "sort of came to" when she prodded him.

The woman said David wanted to arrange a celebration for Arawa's birthday a few days after the deaths, even though Arawa was dead.

Questioned by Mr Reed, the woman said she found David a "nice guy" and liked him, and got on well with him.

She agreed David had a very good singing voice.

On Tuesday evening David was very distressed and crying. She thought he was really cut up and in a bad way.

She recalled him wailing on a beach after the deaths, and dropping to his knees and holding his stomach when another friend spoke with him.

"He was traumatised."