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Home / New Zealand

March 18, latest updates: David Bain trial

By Edward Gay
Herald online·
18 Mar, 2009 04:04 AM13 mins to read

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Joe Karam speaks to David Bain as he stands in the dock at Christchurch High Court on Friday. Pool photo

Joe Karam speaks to David Bain as he stands in the dock at Christchurch High Court on Friday. Pool photo

David Bain's retrial for the murder of five of his family in Dunedin in 1994 resumes in Christchurch today. Hit refresh throughout the day for the latest updates. Or you can follow us on Twitter

5.04pm: Kevin Anderson was a detective in 1994 and was put in charge of the living room where the body of Robin Bain was found.

He has told the jury that he found a spent round inside the computer alcove, which was separated from the lounge by a curtain.

Mr
Anderson said a piece of curtain with blood spots on it was also removed.

Court has adjourned for the day.

4.59pm: Some of the jury members have shown concern that there is a rifle and live ammunition in court.

Justice Panckhurst has asked Kevin Anderson, a detective at the time of the Bain killings, to check the rifle has no live ammunition in it.

Mr Anderson has done so and assured the jury that the rifle has a safety mechanism as well as a trigger lock on it.

4.52pm: Kevin Anderson was a detective in 1994 and was put in charge of the scene where the body of Robin Bain was found.

He is in the witness box and has been handed the rifle used by the killer on the morning of June 20, 1994.

Mr Anderson confirmed to Crown prosecutor Kieran Raftery that it was the rifle he found next to the body of Robin Bain.

He said a magazine was still in the rifle at the time.

Mr Anderson said he put the safety catch on the rifle and removed the magazine and a live cartridge in the chamber to make it safe.

"At the time I was wearing surgical gloves," Mr Anderson said.

When asked why by Mr Raftery, he said: "To preserve any fingerprints on the rifle".

4.44pm: The rifle found near the body of Robin Bain has been brought into the courtroom.

Kevin Anderson was a detective in 1994 and was put in charge of the scene where the body of Robin Bain was found.

He has told the court that Robin Bain's body was removed from the house and lighting was set up before ESR scientist Peter Hentschel made an examination of the room.

He also said he found a live round "by the front grip of the rifle".

Mr Anderson has been handed the shell in an exhibit bag by a court staff member and has confirmed that the labelling is correct.

4.39pm: Kevin Anderson was a detective in 1994 and was put in charge of the scene where the body of Robin Bain was found.

He told the court that when the pathologist, Dr Alexander Dempster, observed the body of Robin Bain, he knocked over a magazine rifle that had been sitting "by the deceased's right hand".

The magazine had been sitting on its edge when he first entered the scene, Mr Anderson earlier told the court.

He said two droplets of blood came out of Robin Bain's body when Dr Dempster examined him.

4.25pm: Kevin Anderson was a detective in 1994 and was put in charge of the scene where the body of Robin Bain was found.

Mr Anderson said he noted a rifle magazine "by the deceased's right hand".

The room was dark and Mr Anderson said he had no light to help him in his scene search.

He said the magazine was found on its edge and a rifle was found "slightly under the curtain and pointing towards the deceased".

"I observed what appeared to be bone fragments and blood on the rifle," Mr Anderson told the court.

He said the blood was between the silencer and the stock on the barrel.

Mr Anderson said there was blood on the curtain that partitioned off a computer alcove.

4.12pm: A police officer who visited the scene of the Bain family home on the morning that five family members were found dead, said he found a live shell as well as two spent rounds in the bedroom of Laniet Bain.

Kevin Anderson said he was asked to supervise the pathologist while he inspected the body of Laniet.

Mr Anderson told the court there was a live shell in a black bag on Laniet's chair.

He said there were also two spent shells, one on the floor and another on the table.

3.51pm: Kevin Anderson was a detective at the time five Bain family members were found dead in their home in Dunedin in 1994. He retired from the police in 2006.

Mr Anderson has told the court he visited each room in the Bain house where bodies were found.

He also said he saw David Bain "lying on his back" in his bedroom.

Both an ambulance officer and police officer, Terry Van Turnhout, were with him.

He said Bain was looking at a police radio near the door, every time a voice came over.

"I brought it to the attention of Terry Van Turnhout and as a result the radio was turned down.

"It did surprise me at the time, why he would be interested in radio conversation," Mr Anderson said.

3.26pm: Trevor Thomson was the officer in charge of cataloguing clothes on the Bain family clothesline.

They are now being entered as exhibits.

The items include a pair of blue tracksuit pants and a green woollen jersey.

The jersey is important to the Crown case.

In the Crown's opening address, Crown prosecutor Robin Bates said Bain had tried to wash blood out of some of his clothing, including a green jersey, in the laundry on the morning of June 20, 1994.

"Woollen green fibres were taken from under Stephen's finger nails which match the fibres from the green jersey," Mr Bates said in the Crown's opening address.

Other items in the laundry included two striped towels, two pairs of swimming shorts, some sports socks, a pair of corduroy trousers, a t-shirt, and a pair of tracksuit pants.

Bain's lawyer Michael Reed, QC, said in his opening address on March 6, that family photographs, since destroyed, would have proven which Bain family member had worn the jersey and it was not David Bain.

Mr Thomson has also not been cross-examined but is due to give evidence on another matter and will be cross-examined then.

3.14pm: A police officer has told the court that she found a Sony Walkman with a homemade tape labelled "Queen" on David Bain's bed.

Bain told police in 1994 that he put his Walkman on his bed when he returned from his paper round on the morning that five of his family members were found dead in their home.

Ms Glover, now a detective, also said she found a piece of cardboard with five red circles on it. It too has been entered as an exhibit.

The relevance of the exhibit was not made clear to the jury.

Ms Glover has finished giving her evidence on the scene in Bain's bedroom.

She is due to give further evidence on another matter and will be cross-examined then.

3.04pm: Jenepher Glover, who was a Detective Constable in 1994, was put in charge of the scene in David Bain's bedroom.

She has entered two exhibits: A spectacles case and a frame with a separate lens.

"The lens on the chair was sitting close by the frames. This appeared dusty," Ms Glover said.

She told the court she also noticed a "large amount" of .22 calibre ammunition in the wardrobe and more ammunition on the floor.

"Some was labelled sub-sonic and some labelled super-sonic," she said.

2.53pm: The police officer in charge of the scene at 65 Every St has told the court that photographs of luminol tests taken at the house have not been helpful.

Milton Weir was a Detective Sergeant in 1994, when five of the Bain family members were found dead on the morning of June 20, 1994.

Mr Weir has told the court how he accompanied ESR scientist Peter Hentschel while the tests (which is used to detect traces of blood) were carried out.

The tests were photographed by a police photographer, but when asked by Crown prosecutor Kieran Raftery if the images had been of assistance, Mr Weir answered: "No they haven't."

He said it was hard to recognise where in the house the photographs of the bloody footprints were taken.

Mr Weir has finished giving his evidence today. He has not yet been cross-examined.

He is due back in court to give evidence on another scene and will be cross-examined then.

1.07pm: The police officer in charge of the scene at 65 Every St has taken the jury through a plan of the Bain house and shown them the locations where police found bloody footprints and smears of blood.

Milton Weir was a Detective Sergeant in 1994 and was put in charge of the scene where five of the Bain family members were found dead on the morning of June 20, 1994.

The plans show two footprints heading out of Margaret Bain's room and a large amount of blood spots in Stephen Bain's bedroom.

Mr Weir also showed one footprint in the hallway as well as two in the doorway to Laniet's room.

Court has now adjourned for lunch until 2.15pm.

12.41pm: Police found blood stains throughout the Bain house on doorways, a light switch and the washing machine, the court has heard.

Milton Weir was a Detective Sergeant in 1994 and was put in charge of the Every St murder scene.

He told the jury that he found a "blood smear" on the washing machine and a speck of blood in the bathroom basin.

Police photographs of the scenes, including close-ups of the blood stains, have been shown to the jury and legal counsel on computer screens.

Mr Weir said he also found a blood stain on the door frame between the bedrooms of Stephen and Margaret Bain.

There was another blood stain on the door frame leading into Margaret Bain's bedroom from the hallway.

Mr Weir said inside Laniet's room, there was a blood stain on her light switch and on the doorway leading downstairs where another blood stain was found on a kitchen cabinet.

He said there was further blood staining on the curtain which acted as a partition into Arawa Bain's downstairs bedroom.

12.30pm: The officer put in charge of the Every St murder scene in 1994 has told the court about the luminol test carried out to detect traces of blood in the Bain house.

Milton Weir, who was a Detective Sergeant in 1994, said he accompanied ESR scientist Peter Hentschel while the test was carried out on the house.

He told the court luminol tests only work in complete darkness and involve spraying a liquid in parts of the scene.

The spray gives off a luminous blue light when it comes into contact with blood.

Mr Weir told the court the light can be seen for a matter of seconds and up to about a minute.

He said the test began in the laundry.

"I recall the floor being speckled, basically," Mr Weir told the court.

He said the test was also carried out in Stephen Bain's room, where blood could be seen on the carpet.

Mr Weir said police then carried out the test in Margaret Bain's bedroom, where a bloody footprint was found at the foot of the bed.

"It was approximately 24cm long and seems to be a foot without a shoe. The person wearing socks, not bare as toes not visible," Mr Weir read from his notebook from June 20, 1994.

He said another footprint was found heading out of the doorway of the room.

11.23am: The officer in charge of the scene at Every St where five of the Bain family members were found with gunshot wounds, has read detailed descriptions of some of the evidence he noted on the morning.

Milton Weir was a Detective Sergeant in 1994. He said he noted a rifle magazine on the floor next to the body of Robin Bain.

He also noted blood spots on the left hand of Robin Bain.

Mr Weir said he was shown a message on the family computer by Dr Dempster.

The message read: "Sorry you are the only one who deserved to stay."

Mr Weir said in Stephen Bain's room there was blood on the bed.

"I noted his position on the floor and did a rough sketch of where he was," Mr Weir told the court.

He said he also noted a spent .22 rifle bullet on the pillow of the bed.

"There were obvious signs of a struggle in the room. Some of the injuries on Stephen Bain's body were consistent with there being a struggle," Mr Weir said.

He also told the court Margaret Bain had a bullet wound "in the area of her left eye".

Mr Weir noted that silver fish on the pillow to the right of Margaret Bain's head could have been shaken out of the curtain.

11.08am: Police conducted a luminol test of the Bain family's house after blood stains were seen on the door jambs, the court has heard.

Milton Weir was a Detective Sergeant in 1994 and was put in charge of the Every Street murder scene.

"There was quite a bit of blood stains on the door jambs of the house," Mr Weir said.

He said the luminol test was not carried out until the last body, that of Arawa Bain, had been removed from Every St at 5.45pm.

11.01am: The cluttered Bain household made things difficult for the police investigation, said the officer in charge of the scene, the court has heard.

Milton Weir was a Detective Sergeant in 1994 and was put in charge of the Every Street murder scene.

"It was a large house, very cluttered; there was lots of property in there," he told the court.

"They obviously didn't throw much out. It did create problems, yes," Mr Weir said.

He said police pitched a large tent in the front yard where exhibits from the house were taken to and examined.

10.52am: The jury in the High Court of Christchurch has seen a video taken inside the Bain house on the morning that five Bain family members were found in their home.

The footage includes graphic images of each Bain family member with gunshot wounds to their head.

Milton Weir was a Detective Sergeant in 1994 and was put in charge of the Every Street murder scene.

He is in the witness box and taking the jury through the video footage.

The footage shows a cluttered house.

Mr Weir has told the court that police had to wear gas masks and applied droplets of eucalyptus oil at times to mask the smell.

"It was untidy in a lot of rooms," Mr Weir said.

10.35am: Lawyers involved in the David Bain retrial have been in chambers this morning discussing legal matters.

Today's court proceedings are due to resume shortly.

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