Bain gave three options for murder of his family, court told

The family house which David Bain agreed to have destroyed after the murder of his family, and (inset) Bain in court today. Photo / Supplied

David Bain put forward three possibilities about who could have killed his family, including himself, a court has been told.

The High Court at Christchurch today heard about a conversation David Bain had with his uncle, John Boyd, following the deaths of five of the Bain family in their Dunedin home in June, 1994.

David Bain, 37, is on trial for the murder of his parents and three siblings in their Dunedin home. His defence team say his father Robin, 58, shot dead the rest of the family before turning the .22 rifle on himself.

Mr Boyd said he spoke for about three hours with Bain in the early hours of the morning while staying with him after the deaths.

He said Bain stated if his father was responsible for the deaths he could never forgive him. Mr Boyd said he questioned why Bain had used the word "if".

He said Bain then told him the killings were either committed by himself, his father or someone from outside the house.

Mr Boyd said he told Bain: "We know it really wasn't anyone from outside the house, don't we?"

David responded "Yes".

Mr Boyd said he told Bain if it was his father, he had to forgive him "because he wasn't in his right mind obviously".

He asked Bain if he had been under any particular strain recently, and Bain said he hadn't been.

Mr Boyd said at one stage Bain asked if he had seen the "black hands". He had previously heard Bain had made comments about black hands swirling around him, and decided not to pursue this topic.

The pair spoke about films, and Bain mentioned he had recently seen the war-based movie Schindler's List, which left a big impression on him. Bain's former girlfriend has testified that he cried during the film.

Mr Boyd also told the court a decision was made to destroy the Bain family home after the murders.

Mr Boyd, an executor of the Bain family will, said the Bains' property was valued after the deaths and it was found the property was worth more without the old wooden house on it.

Mr Boyd said he discussed this with his nephew, David Bain, who mentioned he had put a lot of work into the section, but agreed the house should be destroyed. The defence says important evidence may have been lost in the fire that destroyed the house.

Mr Boyd told the court he travelled from Wellington down to Dunedin after learning of the deaths.

He said he visited David and hugged him. David seemed as he always was, aside from the obvious grief.

Earlier a prison officer who strip-searched David Bain told the High Court of seeing scratches and bruising on his body.

Otago prison officer Thomas Samuel told the High Court at Christchurch today he dealt with Bain when he first arrived at prison to be held following the death of five members of his family on June 20, 1994.

In 1994, Mr Samuel was working in the basement area of the old Dunedin prison where remand prisoners were housed. Among prisoners he dealt with was Bain.

A few days after the murders, Bain first arrived at the prison following an appearance in court. He came in with two police officers.

Mr Samuel said he took Bain into his cell and instructed him he would have to undress for his clothes to be searched, and then dressed in a gown. He clearly recalled the bright colours of Bain's jersey.

Mr Samuel said when Bain removed his top clothing, he appeared to have scratch marks and some bruising around the right shoulder and upper arm area.

These injuries would be consistent with someone clawing or grabbing through clothing, he said.

The prosecution say Bain suffered various injuries from a violent struggle with his brother Stephen, 14, before shooting him dead.

Yesterday, a friend of Bain's also described seeing scratches on Bain's body.

Mr Samuel said he asked Bain how he got the injuries, but Bain gave no explanation.

Questioned by defence lawyer, Michael Reed QC, Mr Samuel agreed he only came forward with his information in 2007.

Mr Samuel told Mr Reed he was not aware a doctor had done a full-body examination of Bain on the day of the killings, and saw no scratches.

Asked how he could account for this, Mr Samuel said he could not, because he was not the doctor.

"I can only recall the scratch marks I have described."

Asked if Bain was scared when he got to prison, Mr Samuel said he seemed unsure about himself.

He said he could not recall the colours of Bain's jersey, or the name of a colleague with him at the strip-search.

The court also heard from a teacher who said Laniet Bain told him she had been raped and had attempted suicide.

Paul Hewson told the court he taught at Dunedin's Bayfield High School, and knew David Bain as a "running acquaintance", and taught David's younger siblings at the school.

Mr Hewson said David's sister Laniet was a pupil at Bayfield High School and spoke to him most often of the Bain children.

He was quite surprised how open she was with him, and the first thing she said was that she had been raped while living in Papua New Guinea and had had a child.

The story seemed to change when she later said she had had an abortion.

"I didn't know what to make of it really."

She also told him she attempted to kill herself by slashing her wrists, and her older sister Arawa saved her. Mr Hewson said he could not see any times of scarring on Laniet's wrists.

Three weeks before she was killed, he met Laniet again and her hair colour had changed. She seemed pretty happy and full of life, Mr Hewson said.

She told him she had run short of money and had been working as a prostitute, which he found quite shocking. Laniet said she was going to move in with her father at a school house at Taieri Mouth, and give this work up.

Questioned by defence lawyer, Michael Reed QC, Mr Hewson said he did not know that Laniet kept a photograph of her baby with her.

He agreed he doubted Laniet's claim she worked as a prostitute.

Mr Hewson said he used to run with David Bain, and liked him and found him polite.

He last saw David in December, 1993, when he called into the school. He said David told him he was going to scale back his university studies in 1994, to part-time, because it "suited his psyche better".

Mr Hewson also knew David's younger brother Stephen, as a "livewire", who was brave and stood up for himself if he felt there had been an injustice.

The court has heard that Stephen fought his killer before being shot dead.

The Bain family doctor also gave evidence today, telling the court Robin Bain did not show any symptoms of being depressed.

Peter McLeod said that the Bain family became his patients after returning to New Zealand in 1989 from Papua New Guinea, where they had lived for a period.

Prior to five of the family being killed on June 20, 1994, Dr McLeod recalled seeing Robin Bain with a chest infection, and David Bain with a cut to his foot caused by a chainsaw. Some of the Bain children, including David, had suffered from malaria in Papua New Guinea.

Dr McLeod said Robin seemed a slimly-built, relatively healthy person. He said there was no suggestion of any psychiatric illness or problems. The defence say Robin was clinically depressed prior to the killings.

Dr McLeod agreed with defence lawyer, Michael Reed QC, that he saw patients with depression and it was a serious problem. He was trained to detect symptoms of depression, such as a "doom and gloom" outlook on life.

He told Mr Reed he would be surprised to hear Robin was being treated for depression. He agreed patients often kept things sensitive matters secret.

In answer to a question from the jury, Dr McLeod said malaria could cause black-outs, but more likely would make sufferers comatose in severe cases.

David Bain had told friends of suffering some form of black-outs.

Another witness today told the court that difficulties and dysfunction in the Bain family were well known.

A friend of David Bain's, whose name is suppressed, told the court that it was widely known that relationships within the family were strained.

The friend said he liked and trusted Bain, and found him to be a gentle person.

He attended Dunedin's Bayfield High School at the same time as David Bain, and was involved in the same music scene. He also knew the rest of the Bain family through this scene.

He and Bain were also part of the same opera group. They left school about the same time and remained friends. They had a disagreement in 1993 over a girl they both liked, but continued their friendship.

There was also an occasion at the Bain home where the pair talked about firearms and Bain showed him his rifle.

They talked about firearm safety, and how Bain kept his rifle in a cupboard with a trigger lock. Bain mentioned that he kept a key for the trigger lock in a vase or glass or cup on a scotch desk or dresser.

They went possum shooting together once at the friend's parents' farm in early 1994, and the friend said Bain came across as a "relative novice" at hunting.