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David Bain - Source: ONE News -
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The jury in the David Bain trial continue their deliberations on
Friday morning.
They retired on Thursday night after the presiding judge, Justice
Graham Panckurst, summed up the 12 weeks of trial evidence.
In his address , which latest 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.
Bain is accused of murdering five family members in 1994 but his defence lawyers maintain his father Robin was the murderer.
At the end of the three month trial, Justice Graham Panckurst told the jury to put their emotions aside and decide on the facts alone.
He said the jury has to determine the facts, assess the evidence, resolve the conflicts, and decide what was proved and not proved to a required standard.
The verdicts must be solely based upon evidence given in the court room, he said.
Panckurst said if there is uncertainty in their minds they must acquit David Bain.
He highlighted various parts of evidence telling the jurors not to speculate.
There was oral evidence, a video link overseas, read evidence from witnesses who have died or not appeared in court, videos, tape recordings, graphics, demonstrations, photographs and exhibits.
The jury have available to them three written statements Bain
made to police, and they have the transcript from the evidence he
gave in the first trial.
The jury has heard from 184 witnesses during the 57 days since the
retrial began in March.
The cases for and against
Panckhurst told the jury the
Crown case was entirely dependent upon
circumstantial evidence. There was no direct evidence from an
eyewitness. But that was not unusual.
Crime was typically committed in stealth and to avoid detection, he
said. Circumstantial evidence could be compelling. It came from not
one single witness but from a number of different sources, which
built a picture.
If ever there was a case of a broad spectrum of evidence this was
it, Panckhurst said.
"The defence told you of the time David spent in prison, and on
bail, that he is penniless, facing the ordeal of retrial and is now
aged 37. The purpose was that they intended to invoke sympathy, but
that has no part in this trial."
Panckhurst discussed the
defence allegations of incest between Robin Bain
and his daughter Laniet, and said she told some people about the
claim, but not others.
He also pointed out the differences in stories she told about
having a baby.
When speaking about the murderer, Panckhurst said he would have
been very confident about the task, especially considering Margaret
and Stephen were sleeping in adjoining bedrooms.
David Bain was greeted by friends as he arrived at the court with
supporter Joe Karam. They wished him well and he replied "See you
later."
ONE News and tvnz.co.nz will have complete coverage of the 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 .
