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David Bain - Source: ONE News -
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On March 6 the retrial of David Cullen Bain for the murders of five family members began at the Christchurch High Court.
Bain appeared relaxed as he arrived at the court with his legal team and supporters. He entered not guilty pleas to the charges of murdering his father, mother, brother and two sisters.
Over the next 55 days evidence was heard from around 200 prosecution and defence witnesses.
The defence maintained David's father Robin killed the family before turning the gun on himself but the prosecution said there was no forensic evidence to show Robin Bain was the killer.
"There isn't the slightest shred of forensic evidence linking Robin Bain to this case," Crown counsel Kieran Raftery said in his closing address .
Raftery also said David's sister Laniet was unreliable, saying if everything she had told people was taken as the truth she would have had three babies by the time she was 12-and-a-half.
A graphic video taken by a police photographer was shown to the jury, revealing the murder scenes as well as the layout of the Bain house.
Milton Weir, the officer in charge of the scene investigation, said there were obvious signs of a struggle in 14-year-old Stephen's room. He said the killer would have been covered in blood after the fight in Stephen's room and if that had been Robin Bain he would have needed to get changed and put the bloody clothes in the washing basket for David to wash.
Raftery also questioned why Robin Bain would need to use David's bloody gloves found in that bedroom, saying the only reason someone would wear gloves would be to disguise their fingerprints.
The jury also heard the recording of the 111 call David made on the day his family were found murdered, with the Crown questioning details of the call.
In summing up, the defence claimed the prosecution had failed to prove the case beyond reasonable doubt . Reed told jurors if they were unable to decide whether it was David Bain or his father Robin who committed the killings, then David must be acquitted.
Reed said the onus was on the Crown to disprove Robin's suicide and they could not do that. He said nothing had been proved beyond reasonable doubt and everywhere there was uncertainty.
"Timing of the computer, gunshots, bullets ... you name it, it's a mess," Reed said.
Right from the start the defence said the police bungled their investigation and Reed said it was time to end David's misery.
In his summing up, which latest almost six hours, Justice 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.
Panckhurst instructed the jury to put their emotions aside and decide on the facts alone . He says the jury must assess the evidence, resolve the conflicts, and decide what was proved and not proved to a required standard.
He said the verdicts must be solely based upon evidence given in the court room. And he said if there is uncertainty in their minds they must acquit David Bain.
