Bain trial: Laniet told of father's 'touching', court hears

Robin Bain. Photo / Supplied

David Bain's sister, Laniet, told a boarding house room mate that she had been sexually abused by her father and feared her other sister could also be abused.

The room mate, who has been granted name suppression, said he had a conversation with Laniet one evening that went into the early hours of the morning, two months before the Bain family murders.

The man said Laniet told him Robin Bain had been "touching her in ways he should not have been" and that she was fearful of him and the family house.

He said he was surprised Laniet was in the house on the day of the Bain family killings.

"That was the last place in the world she wanted to be," he said.

The man said Laniet told him she was a prostitute and that her pimp was threatening to go to her parents.

"She was trying to get away from that sort of work," the man told the High Court in Christchurch.

He said Laniet was also worried that her sister, Arawa Bain, could be sexually abused by Robin.

"She wanted her out of that situation, she wanted her out," the man said.

He said Laniet told him that she was a prostitute but he had already guessed that because she would get a cell phone call before leaving in the evenings.

The man also said Laniet was jealous of David because he spent time with their father hunting and fishing.

"David was definitely a favourite," the man said.

Asked by Michael Reed, QC, if he was in a relationship with Laniet, the man said "no".

"There was an offer made early in the morning, she said there was no charge," the man said.

He said he didn't think it was "the right thing to do" and Laniet already had enough problems.

Later, the court heard from an ambulance officer that David Bain was "whimpering, crying and shaking" when he arrived at the Bain family house on the morning five family members were found dead in their home.

Robert Cooper was running the St John Dunedin Ambulance station and communications centre on the morning of June 20, 1994.

"David Bain was sitting at the foot of the bed with a blanket and appeared to be in a very distressed state," Mr Cooper said.

Bain, 37, is on trial for the murder of his parents, his two sisters and his brother in their Dunedin home.

His defence team argues that his father Robin Bain, 58, shot dead the family before turning the rifle on himself.

Mr Cooper was also asked by Mr Reed if he had heard gurgling noises coming from a dead body in his experience as an ambulance officer.

The evidence is important because the prosecution says Bain would have to be the killer to have heard Laniet gurgle, but the defence is arguing the gurgling noise could be heard by Bain without him having fired the shots.

Mr Cooper said there are times when bodies make a "rumbling, groaning noise - perhaps a gurgle" even after death.