David Bain retrial: The verdict

Published: 6:58PM Tuesday June 02, 2009 Source: ONE News

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The David Bain retrial has entered its final days. From the last days of the trial through to the verdict we will keep you up to date - What did the Crown and defence say in their closings? What was the judge's summation? We will also keep you abreast of all developments once the jury has gone out to deliberate and along with our on air news team we will be first to you with the verdict.

June 5

Updated: 4.45pm - Jury finds David Bain not guilty on all charges.

Updated: 4.25pm - Jury announces it is coming back with a verdict.

Updated: 1pm  - After deliberating for the morning, the jury left the High Court at Christchurch escorted by court officials, for a lunch break.

Updated11:20am - 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 there are no rules but that the jury must be certain Bain is guilty to deliver that verdict.

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.

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Updated 10:29am - Canterbury University law lecturer Dr Chris Gallivan told Breakfast the Bain case is particularly stressful case for the jury to decide.

"They will be well aware that the eye of New Zealand is upon them and I think they will acutely feel the pressure," he says. "I certainly wouldn't like to be on the jury myself."

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Watch! The interview with Gallivan

Updtaed 7:13am - The jury will come back to the court 9am Friday to ask two questions before resuming their deliberations.

June 4
Updated 5:13 - The jury has retired for the night and will resume deliberating at 9am tomorrow morning. 

Updated 4:46pm - Justice Panckhurst has finished his summation and the jury is now out and deliberating.

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Watch! Excerpts from the start of the judge's summation

Updated 12:27 - Justice Panckhurst told the jury in the David Bain murder retrial to consider the evidence from this retrial and nothing else.

He referred to the Privy Council citing a substantial miscarriage of justice, resulting in this retrial. But he said that ruling also stated that nothing in the judgement should influence these verdicts in any way.

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Updated 9.07am - Justice Panckhurst will sum up for jurors, who have heard evidence for nearly three months, from 10am. The jury is expected to go out this afternoon at around 2pm.

June 3 - Defence closing address
Defence counsel Michael Reed QC suggested the prosecution had failed to prove the case beyond reasonable doubt.

He told jurors that if they were unable to decide whether it was Bain or his father Robin who committed the killings, then Bain must be acquitted.

Reed said the Crown had an onus to disprove Robin's suicide and they could not do that.

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June 2 - Crown closing address
Crown counsel Kieran Raftery said the jury's duty was the same as the first trial - was David Bain or his father the killer?

"There isn't the slightest shred of forensic evidence linking Robin Bain to this case," he added.

Raftery also said David's sister Laniet was unreliable. If everything she had told people was taken as gospel she would have had three babies by the time she was 12-and-a-half years old, he said.

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Watch! extended footage of the Crown's closing

So you don't miss the verdict sign up to our Twitter feed http://twitter.com/DavidBain

 

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