Court told Bain's paper round 'out of routine' day of murders

David Bain's defence lawyers say the murders were committed while he was on his paper round. Photo / Pool

A witness said to have spotted David Bain doing his paper round on the morning the Bain family were shot dead says she got a fright when she saw him in a quite different location than she would normally expect.

Denise Laney told the High Court the sighting of the "paper boy" squeezing through a gate made her think she might be late while driving to work at a rest home on Every Street, Dunedin, where the Bain family lived.

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

The court has been hearing about timings in which David may have completed his paper round on the day of the killings. These are considered crucial to whether David or Robin was responsible for the murders.

The prosecution say David used the paper round to try to create an alibi for the murders he committed. But the defence says the murders were committed between about 5.45am and 6.45am when David was out on his paper round.

The timings also relate to whether David could have been home when the family computer was turned on, as early as 6.39am, and a message typed on it which read: "Sorry, you are the only one who deserved to stay".

Witnesses have given varying accounts of seeing David doing the paper round, including some who say he acted differently on June 20, or was earlier than normal.

Mrs Laney told the court she was driving to work on the morning of June 20, and was meant to be at work by 6.45am.

She said she got a fright when she saw the person she believed to be the paper boy "squeezing" through the gate at the Bains' property, though she didn't know at that stage it was David's home.

She said she normally saw him at the bottom of the hill, a distance away from the property.

"It was out of character. It was out of routine."

She instinctively checked the clock in her car and saw it was 6.50am, though she said this clock was about five minutes' fast.

Questioned by defence lawyer Michael Reed QC, Mrs Laney agreed police checked the digital clock in her car and confirmed it was five minutes' fast.