Bain jury asks judge about doubt

Published: 11:01AM Friday June 05, 2009 Source: ONE News/Newstalk ZB

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The jury in the David Bain retrial is now deliberating after coming back into the courtroom on Friday morning to ask questions.

Bain arrived at court surrounded by media and supporters.
 
The jury began deliberating on Thursday afternoon before breaking for the night.
      
Bain, 37, served more than 12 years in jail after being convicted at his first trial of murdering his mother and father, two sisters and brother at their Dunedin home in 1994.
     
Defence lawyers claim his father, Robin actually did the killings and then shot himself.

Before beginning deliberations for the day, the jury was brought into court to have two questions answered, the first being "please reiterate the rules relating to reasonable doubt?".

Justice Panckhurst said proof beyond reasonable doubt is a very high standard.

"It is met only if at the end of the case you are sure that the accused is guilty. It is not enough that you are persuaded that he is probably guilty or even very likely guilty," he said.  
 
The jury also asked the judge to clarify his comment that it "must be David to the exclusion of Robin".

Panckhurst replied that the Crown must prove that David Bain is guilty of five murders, and in doing so exclude his father Robin.

On Thursday Panckurst summed up the 12 weeks of trial evidence in an address which lasted almost six hours.

Panckhurst outlined the law and both the Crown and Defence cases.

He also highlighted the main points of the conflicting scientific evidence presented throughout the trial to try to assist the jury.

Panckurst told the jury to put their emotions aside and decide on the facts alone.

ONE News and tvnz.co.nz will have complete coverage of the David Bain retrial verdict as it happens so stay tuned. You can also keep informed wherever you are with our Twitter feeds - twitter.com/TVNZDavidBain or twitter.com/TVNZBreaking

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