Robin Bain's fatal wound consistent with suicide, trial told

David Bain denies killing five members of his family. Photo / Pool

A leading pathologist from the United Kingdom has told the Bain murder trial the fatal gunshot wound suffered by Robin Bain is consistent with suicide.

Forensic pathologist Robert Chapman, from Windsor, England, today gave evidence in the High Court at Christchurch in the defence of David Bain, who is on trial for murdering his family. Dr Chapman has previously performed an autopsy on Princess Diana, and has performed about 2000 autopsies in the case of suspicious deaths.

He was sent police photographs from the Bain case, which he found were generally of poor quality.

Yet from his viewing of a photograph of the fatal gunshot wound to Robin Bain's left temple, Dr Chapman said his opinion was that it was a "contact or near contact wound".

This means the rifle was against Robin's head, or virtually against his head when fired. This opinion supports the theory that Robin, 58, committed suicide.

Asked by defence lawyer, Michael Reed QC, about his view on whether this was suicide, Dr Chapman said the wound was consistent with a self-inflicted injury.

Dr Chapman said he had reached his conclusions based on features of the wound, such as charring and short splits around the bullet hole.

Forensic pathology professor James Ferris has previously given evidence for the prosecution, and stated he believes the rifle was fired from between 30cm and 42cm away from Robin's head, making suicide impossible. Dr Chapman said he disagreed with the view of Professor Ferris.

Dr Chapman said the pathologist who actually performed the autopsies on the Bain family, Alexander Dempster, was in the best position to comment on the nature of the injuries.

Dr Dempster found the wound Robin suffered was a "near contact wound", but he considered suicide was unlikely because of the angle and trajectory of the bullet fired through Robin's head.

Dr Chapman did not view the location of Robin's wound being unusual for suicide. The temple was a site used for suicide, he said.

In his experience, close contact head wounds tended to be more likely suicide than homicide. Yet it was difficult to understand the thought processes of someone who committed suicide, Dr Chapman said.

Dr Chapman agreed with Dr Dempster that a gunshot wound Bain's sister Laniet, 18, suffered to her cheek was likely a wound from a few centimetres, or an intermediate range wound.

David Bain has described to police arriving home after the shootings and hearing Laniet gurgle. In addition to being shot in the cheek, Laniet was shot above the ear and in the top of the head.

Asked about survivability after such serious injury, Dr Chapman said he had come across cases of severe brain injury had occurred where people had survived longer than expected.

Dr Chapman said it was possible there would be a period of survival for a period of minutes after Laniet was shot, and some respiration has occurred to allow her to produce the gurgling noise. Breathing through blood could produce a type of snoring noise.
David Bain, 37, is on trial for the murder of his parents and three siblings in their Dunedin home on June 20, 1994. His defence team say his father Robin, 58, shot dead the family before turning the rifle on himself.

Broadcaster Wallace Chapman told the court today he got to know David Bain through a Shakespeare theatre production he organised in Dunedin in late January-February, 1994. Bain was one of the key singers in the group.

He said he found Bain one of the more sociable, friendly and chatty people in the group.

Following that show, Bain phoned him to thank him for the production. Mr Chapman was on a walking stick at the time, and Bain offered to help any way he could.

Mr Chapman wanted to put out an album from the production and wanted Bain involved as a singer. A recording date was scheduled for June 17.

The night before they had a substantial phone conversation about the future, about fitness and about Bain's girlfriend. Bain seemed upbeat and no different than usual, Mr Chapman said.

On the night of June 17, Bain came with two other singers for the recording and afterwards Mr Chapman invited them to a cafe for coffee and cake. He last saw Bain about 10pm. He dropped Bain off outside the Dunedin museum where he was to meet his sister.

Mr Chapman said he had planned to meet Bain the next week to have dinner and go to the gym together.