Doubt means acquittal, says Bain judge 

Source: NZPAJudge Graham Panckhurst

• WATCH the video (2:12)

The judge in the David Bain murder retrial says that if there is uncertainty in their minds the jury must acquit him.

Bain has pleaded not guilty to murdering his parents and three siblings in the family's Dunedin home in June 1994.

Justice Graham Panckhurst is coming to the end of a lengthy summation at the High Court at Christchurch following the three month trial.

Panckhurst says the jury has to determine the facts, assess evidence, resolve conflicts, and decide what was proved and not proved to a required standard.
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 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