Insanity defence not available to David Bain, psychiatrist tells court

Robin Bain. Photo / Supplied

David Bain was not suffering from a mental or personality disorder in the months after five of his family murders were found dead in their home, his psychiatrist has told a court.

Dr Philip Brinded is a forensic psychiatrist and was asked by Bain's lawyers to visit their client in prison, ahead of the first trial.

"I did not believe the insanity defence would be available," Dr Brinded said.

Bain, 37, is on trial for the murder of his parents, his two sisters and his brother in their Dunedin home in June, 1990.

His defence team argues that his father Robin Bain, 58, shot dead the family before turning the rifle on himself.

Dr Brinded visited Bain in prison in July and August 1994 and found Bain to be suffering from a post-traumatic stress disorder but not a mental disorder.

He said he was initially an expert witness but after the trial and all forms of appeal were thought to have been exhausted in 1996, Dr Brinded said he became Bain's psychotherapist.

Dr Brinded said he was contacted by a distressed Bain who was finding it difficult to deal with the deaths of his family and prison life.

"He would always become distressed when talking about events of the day that his family died," he told the High Court in Christchurch.

Dr Brinded was also asked about deja vu by Bain's lawyer Helen Cull, QC.

The issue of deja vu is important because a Crown witness and former friend of Bain earlier told the court that Bain raised with her the concept of deja vu and asked if she knew what it was.

She earlier told the court that Bain gave examples of being able to see things before they happened.

Dr Brinded said deja vu is a normal experience, particularly in young people and anxious people.

He said only 10 per cent of the population report not experiencing deja vu.

Dr Brinded said it was one of the most "unusual and disturbing experiences that a normal person can have".

He also said the trances that one Crown witness said Bain went into during a concert before the deaths are "normal dissociative experience or day dreaming".

Under cross-examination by Crown prosecutor Kieran Raftery, Dr Brinded was asked if he was aware of a study of offenders which found 70 per cent of them experienced post-trauma amnesia.

He said he was aware of the research.

But Dr Brinded said that experiencing post trauma amnesia was not an indicator of guilt or innocence.

The evidence is important because during the first trial in 1995, Bain said: "When I was interviewed by the detectives, I made it clear that I did not go into any of the other rooms, other than my mother's and my father's room".

"I said that to the detectives because I didn't remember".

The jury listening to the retrial have had Bain's evidence form the first trial read to them by Judge Graham Panckhurst.