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Home / New Zealand

March 20 latest updates: David Bain trial

By Edward Gay
Herald online·
20 Mar, 2009 12:36 AM8 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

1.34pm David Bain's lawyer has described an expert's table as "absurd nonsense".

Michael Reed, QC, is cross examining the national manager for the Electronic Crime Laboratory for police, Maarten Kleintjes.

Mr Kleintjes is giving evidence about tables he has made concerning possible times that the Bain family computer was turned
on, on the same morning that five bodies were found in their Dunedin home.

Mr Kleintjes added a number of variables to the complex tables which have been read out in court.

He has been criticised by the defence for including a table that includes an extreme time.

"We have to take extremes into account to arrive at reality," Mr Kleintjes said.

He was asked if that was not "absolutely ridiculous".

Mr Kleintjes said it was not ridiculous, "from a mathematical point of view".

He said he had also included extremes at the other end.

The tables are dependent on times within a six minute band, however the defence believe a 15 second period is the only important time period to take into account.

Me Reed has also questioned Mr Kleintjes' impartiality.

Mr Kleintjes has defended himself.

"I'm not here to help the Crown get Mr Bain convicted or help the defence in getting him off," Mr Kleintjes said.

Court has adjourned until Monday morning next week.

1.00pm A computer forensic expert has told the jury that police officers would have been able to hear the computer over background noise when they arrived at the Bain family home where they found five bodies.

The national manager for the Electronic Crime Laboratory for police, Maarten Kleintjes conducted tests on the Bain family computer in 1997.

He said he tested the computer for the noise it gave off and the brightness of the screen.

Mr Kleintjes said for the noise test, he compared it to three other computers.

Two were louder and one was quieter at a distance on 1m.

He said with a background noise of 25 decibels, the computer would have been audible.

Regarding the brightness of the screen, Mr Kleintjes said it would not be possible to test given the old technology of the screen.

The Bain family computer was found in an alcove off the lounge room where the body of Robin Bain was found.

The Court has adjourned for a short break before Mr Kleintjes is cross-examined by Bain's lawyers.

12.27pm A computer forensic expert has provided the jury with a series of complicated tables that include a number of variables.

The national manager for the Electronic Crime Laboratory for police, Maarten Kleintjes, has previously told the court that, given the number of variables, he cannot say with certainty what time the computer was turned on.

The variables are based on times that a detective took when the computer was originally examined by another computer expert between 2.16pm and 2.22 on the day after the five Bain family members were found dead.

Mr Kleintjes has told the jury a range of times based on the assumption that the computer expert saved the file at a time between 2.16pm and 2.22pm.

When he came to the 2.22pm time, David Bain's lawyer Michael Reed, QC, objected.

"He shouldn't be able to say it's the latest possible time. It's Alice in Wonderland," Mr Reed said.

Mr Kleintjes said that is only one extreme.

12.08pm A computer forensic expert has told the court that he cannot tell the court exactly what time the Bain family computer was turned on.

The national manager for the Electronic Crime Laboratory for police, Maarten Kleintjes has told the court that he can give the jury a "likelihood or a mark in the sand" for them to work from.

He has told the court that a number of variables related to a watch.

The watch belonged to a detective who recorded times of when a computer expert examined the Bain family computer on the day after five Bain family members were found dead in their home.

11.42am The internal clock on the Bain computer acted as a stop watch when it was turned on, sometime on the morning that five Bain family members were found dead in their home.

Maarten Kleintjes is the national manager for the Electronic Crime laboratory for police.



He said the computer clock, despite being incorrect, "kept on ticking until the file was saved".

Mr Kleintjes has told the jury that there are a number of variables when working out the actual time the Bain family computer was turned on.

He said there is uncertainty at both ends of the equation but "the truth will lie somewhere in the middle".

The precise time the message was written is important to the case when compared with the time David Bain arrived home from his paper round on the morning that five of his family bodies were found.

11.11am A computer forensics expert has told the court that there are a number of factors he has had to take into account when analysing the watch of a detective.

The detective's watch plays a pivotal role when trying to find out what time the Bain family computer was turned on.

Maarten Kleintjes is the national manager for the Electronic Crime laboratory for police.

He said as well as there being no second hand on the detective's watch, it was also rectangular and could have been two minutes fast.

Mr Kleintjes has told the court that all these factors have to be applied when determining the turn-on time of the Bain computer on the morning that five of the Bain family members were found dead in their home.

Two times were recorded by a detective when a computer expert, Martin Cox, looked at the computer on the day after the killings. Mr Cox began analysing the computer at 14.16 (2.16pm) and stopped at 14.22 (2.22pm). During that time he saved the file.

On the morning that five Bain family members were found dead in their home, the computer in an alcove off the lounge had a message reading: "sorry you are the only one who deserved to stay".

The precise time the message was written is important to the case when compared with the time David Bain arrived home from his paper round on the morning that five of his family bodies were found.

10.56am A computer forensics expert has told the jury that police and a software engineer saved the message seven hours, 32 minutes and 54 seconds after it had originally been turned on.

A previous computer expert, Martin Cox, used different software and was not able to see the extra 54 seconds.

Maarten Kleintjes is the national manager for the Electronic Crime laboratory for police.

Two times were recorded by a detective when Martin Cox looked at the computer on the day after the killings. Mr Cox began analysing the computer at 14.16 (2.16pm) and stopped at 14.22 (2.22pm). During that time he saved the file.

However, the detective's watch was about two minutes fast.

Mr Kleintjes said the times recorded by the detective are important but: "I see it as a period of uncertainty when several things took place".

Mr Cox concluded that the file was saved 31 hours and 32 minutes after the computer had been turned on.

Mr Kleintjes concurs but adds 54 seconds because the software he used had the ability to record seconds.

Mr Kleintjes has presented a number of tables to the jury in his evidence.

He has also told the jury that although the detective would have been used to reading his own watch, it had no single minute intervals, besides markings at five minute intervals.

Mr Kleintjes said he has added variations in his calculations because of the detective's watch.

On the morning that five Bain family members were found dead in their home, a computer in an alcove off the lounge had the message: "sorry you are the only one who deserved to stay".

The precise time the message was written is important to the case when compared with the time David Bain arrived home from his paper round on the morning that five of his family bodies were found.

10.28am Maarten Kleintjes is the national manager for the Electronic Crime laboratory for police.

He is a technical investigator and created a clone of the Bain family computer hard disk.

Mr Kleintjes said he made the clone so his tests would preserve the original Bain family hard disk.

He said the clone collects all files, including hidden files.

Mr Kleintjes said the battery in the computer's hardware clock was flat and so was not working.

He said he tested the computer's clock which ran about two seconds slow over 24 hours.

He said the computer hard drive had 21.4 Megabytes, a fraction of modern day computers. It also ran on DOS 3.3 – not Microsoft Windows as in most modern computers.

He said he found evidence of a lot of computer game playing on the computer.

On the morning that five Bain family members were found dead in their home, a computer in an alcove off the lounge had the message: "sorry you are the only one who deserved to stay".

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