Suppressed Bain 111 evidence released

Published: 11:39AM Thursday June 11, 2009 Source: Newstalk ZB / ONE News

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There have been major developments in the David Bain case.

The Supreme Court has lifted suppression on a portion of David Bain's 111 phone call in 1994 in which he apparently confesses to shooting someone.

His defence team has lost a last ditch bid to keep the tape secret.

On the tape, Bain is allegedly heard to say "I shot the prick".

The Supreme Court had earlier ruled the recording not be played to the Christchurch jury that found him not guilty of murdering five family members last week.

A number of media organisations argued in the Supreme Court in Wellington on Thursday morning for suppression on some parts of Bain's 111 call to be lifted.

Click here to read the full judicial decision on the 111 call.

During David Bain's retrial, the presiding judge granted ONE News permission to broadcast the 111 call Bain made on the morning of the murders. Only 58 seconds of the call was heard then.

The jury never got to hear the entire tape because the defence went to the Supreme Court before the trial, arguing that the words in question were not clear and were prejudicial. At the time, the court agreed, saying the words were not considered relevant or reliable.

David Bain's lawyers argued expert witnesses say they were unable to definitely determine what was said and that jurors would not have been able to make them out either.

When the tape was originally played during the retrial, the Crown focussed on exactly what Bain told emergency services.

He was questioned about why he had said in the call, "Help they're all dead", when he had only seen two of the bodies of his family members.

Further suppression lifted

Another suppression order on a claim David Bain was planning a sex crime in the years before his family was murdered, has also been lifted.

It has been revealved the jury in Bain's retrial was not allowed to hear evidence from a school friend, who says he was told in 1989 or 1990 that he'd taken an interest in a female jogger and had worked out a way to commit a sexual offence against her, using his paper round to provide an alibi.
 
Another friend claims to have had a similar conversation.

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