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Home / New Zealand

Court hears of bloodied gloves in Stephen Bain's room

By Jarrod Booker
NZ Herald·
27 Mar, 2009 03:00 PM3 mins to read

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Kevin Anderson told the court fragments of bone were found on Robin Bain's rifle. Photo / The Press

Kevin Anderson told the court fragments of bone were found on Robin Bain's rifle. Photo / The Press

The retrial of David Bain has been told of a bloodied pair of gloves left in the bedroom of his younger brother, Stephen.

And police conceded a mistake in their recording of other evidence in the case.

Stephen, 14, was found dead in his room after what police have described
as a "very violent and bloody struggle".

His parents and two sisters were also found dead in the house when police arrived on the morning of June 20, 1994.

A lens from a pair of glasses, spent ammunition shells and a piece of skin were also found in a police examination of Stephen's bloodied room, the High Court at Christchurch heard yesterday.

The prosecution case is that the gloves were worn and discarded by David Bain, and the lens came from glasses he wore when he struggled with Stephen.

David is accused of shooting all five members of his family dead, but his defence team say his father, Robin, killed four of them before turning the .22 rifle on himself.

Milton Weir, then a detective sergeant who investigated the deaths, said a bloodied glove was found on the floor under Stephen's bed. Mr Weir noted the glove appeared to be right-handed, and to have been pulled off.

A second bloodied glove, left-handed, was found nearby and was not inside out.

Two spent ammunition cartridges were under the bed, while the lens was found under a boot on the floor. The piece of skin was found just inside the doorway of the bedroom.

Bain's defence team has tried to show the police case against their client was flawed, and this week an apparent conflict arose over where bone fragments taken from the house as evidence were found.

Kevin Anderson, a detective on the case in 1994, said he was certain the fragments were found on the .22 rifle lying next to Robin's body in the lounge.

But a police exhibits register listed them as having come from below the computer in an alcove adjoining the lounge.

Detective Trevor Thomson told the court yesterday he made a mistake when he recorded the location of fragments in the exhibits register.

He said he was present when they were found, and it was in the vicinity of the rifle.

Another detective, Jacques Legros, was questioned yesterday by defence lawyer Helen Cull, QC, about a bullseye target, with what appeared to be bullet holes in it, that was in a van Robin Bain drove and slept in.

Mr Legros said he seized items of interest from a blue Commer van on the Bain property, but did not seize or examine the target, which he saw in the sink.

Ms Cull put it to Mr Legros that the target no longer existed.

But Crown prosecutor Kieran Raftery responded by producing a court exhibit, which Mr Legros confirmed was similar to what he had seen in the sink in the van.

Yesterday was David Bain's 37th birthday, and what appeared to be several birthday cards waited for him when he got to court.

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