David Bain trial: Defence keeps heat on ex-officer

Retired police officer Milton Weir at the trial of David Bain (inset). Photos / Pool

A senior member of the police murder inquiry into David Bain has denied planting evidence in the Bain family home, but has conceded it was inappropriate to have the words "Hang Bain" painted on his house.

Milton Weir, a detective sergeant in charge of the Bain house "crime scene" after the death of Bain's family in June, 1994, faced a second day of tough questioning and accusations in the High Court in Christchurch yesterday from Bain's lawyer, Michael Reed QC.

On Monday, Mr Reed put it to Mr Weir that he was "not being truthful" about the location of a spectacle lens found in the house and considered important to the case.

And yesterday Mr Reed took it further by accusing him of planting the lens to aid the case against David Bain, to which Mr Weir replied: "I categorically deny that".

Mr Weir was also quizzed about a picture and slogan referring to hanging David Bain that was painted on his house, a package received from a prostitute and a lack of trust from fellow policemen before he left the force.

David Bain, 37, is on trial for shooting dead his parents and three siblings, but his defence team say his father Robin killed his family before turning a .22 rifle on himself.

Mr Weir and other police officers have given evidence about the spectacle lens being found in the bedroom of David Bain's younger brother, Stephen. The prosecution says it came from glasses David was wearing when he got into a violent struggle with Stephen.

Mr Weir has already agreed he made a mistake about the exact location of the lens in Stephen's room, which he blamed on an optical illusion in a photograph he viewed.

But yesterday Mr Reed pointed to other photographs, showing items in the area where the lens was found that appeared to have been moved to create a gap. Mr Reed: "I put to you, Mr Weir, that you put your hand in there and put that lens in there."

Mr Weir: "There is no way that I planted the lens in that room."

Mr Reed put it to Mr Weir that a witness would testify she saw a "stick-like drawing pertaining to represent David Bain", and the slogan "Hang David Bain" painted on his Dunedin house. Mr Weir said the words "Hang Bain" had been spray-painted on an area of plaster by the door on his house that was to be demolished. It came about after a function celebrating a Court of Appeal decision on the Bain case in the police's favour in 2003.

"It was inappropriate," Mr Weir said.

Mr Weir was also questioned about a pair of socks and a note given to him by a prostitute named Petra. It came as police were doing inquiries in 1997 into the sex industry after learning that David's sister, Laniet, had been working as a prostitute.

A colleague of Mr Weir's had stated he was given the package by the prostitute, and told "it's a gift from Petra to Milton", Mr Reed said.

Mr Reed: "Why would a prostitute give a police officer a gift of a pair of socks?"

Mr Weir: "I have absolutely no idea."

An allegation made against him by a prostitute was also raised in court. But Mr Weir said it was investigated by the Police Complaints Authority and not upheld.

Mr Weir was also questioned yesterday about whether fellow police trusted him after the allegations of planting evidence in the Bain inquiry.

Asked if matters had reached a "pretty bad state" leading up to him leaving the police, Mr Weir said: "I was sick of the constant investigations and everything, yes." The trial continues.