David Bain's retrial for the murder of five of his family in Dunedin in 1994 resumes in Christchurch today after a three-day break. Hit refresh throughout the day for the latest updates. Or you can follow us on Twitter
5.19pm Articles of clothing worn by David Bain on the morning that five of his family members were found dead in their family home have been shown in court.
They included a white t-shirt, high-lighter pink and green running shorts and a pair of white sports socks.
The items of clothing were entered as exhibits.
Court has adjourned for the day.
5.09pm Detective Senior Sergeant Greg Dunne has told the court that he questioned David Bain on the morning that five of his family members were found dead in their home.
He said he asked Bain: "What happened last night?"
Mr Dunne said Bain told him that he has drama rehearsals on Sunday night and that he picked up some "stuff from Laniet's flat" before going shopping and getting some chips.
He said the family was watching TV and he went to bed at about ten past nine after finishing a book.
Mr Dunne said Bain told him he woke at 5.30am, dozed until 5.42 and left the house at about quarter to six with his dog Casey.
Mr Dunne said Bain indicated that his paper round went as normal. He arrived home and washed the newspaper print off his hands before putting a wash on.
He quoted from the interview: "I think Mum's light was on, the lounge door was closed.
"I went back to my room and switched on the light and noticed shells on the floor," Mr Dunne read out.
He said Bain then told him that he went into his mother's room. Mr Dunne continued reading: "she was dead, she didn't move. I went to the lounge and he was there".
Mr Dunne also said Bain asked about what had happened and was told he was right that his mother and father are dead.
He said Bain was then subjected to medical tests including a firearm residue test.
He also had samples taken from his body. Mr Dunne said Bain was told that the evidence could be used by police and asked: "Is that all right with you?" He said Bain replied: "Yes".
4.51pm Under cross-examination by Bain's lawyer Paul Morten, Terry Van Turnhout said he asked if a firearm residue kit was brought out to the scene.
The test could have discovered if there was fire arm residue on David or Robin Bain. However, last week the court was told by police officers that neither test was carried out.
Asked if he recalled when such a test kit arrived by Mr Mortem, Mr Van Turnhout said "it did not."
He also told the court that later at the police station, Bain told police that "I went into my lounge, calling my father. He was there, I called police."
Mr Van Turnhout also said Bain had asked about the "situation". Another police officer answered saying: "Until we get a full idea, it is correct that your Mum and Dad are dead."
4.25pm Under cross examination by David Bain's lawyer Paul Morten, police officer Terry Van Turnhout has confirmed that he did not include evidence about having touched a pair of glasses when he gave a statement to police, evidence at a depositions hearing and at a trial as well as to the Police Complaints Authority and an affidavit to the Court of Appeal.
Earlier Mr Van Turnhout said Bain had asked for his glasses while Mr Van Turnhout was given the job of monitoring what Bain said on the morning that five of his family members were found dead in their home.
He also told the court that he did not say anything about touching the glasses because he "did not want to be criticised."
Police indicated earlier that a lens from the glasses was found in the bedroom of Stephen Bain, while the frames and another lens was found in Bain's room.
Mr Van Turnhout confirmed that today was the first time that he had told a court that he had touched the glasses.
He said he was not asked at previous hearings if he had touched the glasses and they were not "an issue" until 1997.
3.56pm The officer put in charge of monitoring what David Bain said on the morning five of his family members were found dead in their home has told the court that Bain talked of running his paper round.
Terry Van Turnhout said he talked to Bain at the police station that morning.
Mr Van Turnhout said Bain said of his paper round: "I ran it this morning. It only took me three quarters of an hour."
3.40pm The High Court of Christchurch has heard how David Bain was concerned that he would be held up and miss rehearsals for a play he was doing at University.
Terry Van Turnhout was given the job of observing Bain on the morning that five of the Bain family members were found dead in their home.
He said he talked to Bain at the police station later that morning.
Mr Van Turnhout told the court that Bain said: "Is this going to hold me up for long? A week or so? It's just I'm in a play, we're in rehearsals. It may pay to ring the producer".
3.29pm A police officer present during part of Bain's medical examination said Bain had a bruise the size of an old 50 cent piece above his eye and a graze on his inner knee.
Terry Van Turnhout said the police doctor asked Bain if he "got a whack on the forehead. The answer was yes, I don't know how."
Bain was also asked if he knew how he got a graze on the inner part of his knee. Bain answered, no.
Earlier he said Bain had said: "My father is dead, isn't he? I saw him, I saw him" in a police interview room.
Bain also asked for a pair of sunglasses and said "the light is killing me".
Mr Van Turnhout said Bain said it was a headache and pointed to the front right of his forehead.
3.18pm A police officer has told the court that he didn't tell the officer in charge of the scene that he had moved a pair of glasses because he "did not want to be criticised".
Terry Van Turnhout said at one point Bain asked for his glasses.
Mr Van Turnhout picked up a pair of glasses from a chair near Bain's bedroom door but "immediately thought I was in a crime scene" and put them back down.
He said the glasses were broken with no lenses in the frames and only one lens on the chair.
Police have indicated earlier that a lens from the glasses was found in the bedroom of Stephen Bain.
A short time later, a police officer asked Mr Van Turnhout if anything was touched in the room. Mr Van Turnhout said only a pillow was touched and did not mention the glasses.
"I was worried that I had picked them up. I didn't know what their significance was or would be.
"I had no idea that at a later date they would become significant. I was worried about being criticised for having done so. I made an error of judgement," Mr Van Turnhout told the court.
3.04pm A police officer sent to observe David Bain has said he too heard Bain mention the "black hands".
"The accused said black hands are coming to get me," Mr Van Turnhout said.
He said he recorded in his notebook that Bain looked "distressed" and "disturbed" at the time.
Mr Van Turnhout said Bain asked for his glasses.
Mr Van Turnhout picked up a pair of glasses from a chair near the door but "immediately thought I was in a crime scene" and put them back down.
He said the glasses were broken with no lenses in the frames and only one lens on the chair.
2.52pm The police officer sent to observe Bain has told the court that he could see the body of a dead man through an open door, off the hallway.
"I could also see what appeared to be a .22 calibre rifle with attached silencer," Mr Van Turnhout said.
He said he also heard Bain complain about "a pain in his head. He said it feels like a bruise."
Mr Van Turnhout said he saw a bruise on the right side of Bain's head, about the size of a 50 cent piece.
When asked by the Crown prosecutor Cameron Mander, how he had seen the bruise, Mr Van Turnhout answered that Bain may have sat up.
2.41pm A police officer has told the court that he was initially called out as a member of the armed offenders squad on the morning that five Bain family members were found dead in their home.
Terry Van Turnhout said he went to the Dunedin police station but was stood down.
He was then told to go to 65 Every St as a constable where he was told a "murder slash suicide" had taken place.
Mr Van Turnhout said his brief was to "observe the accused and note anything he said but not to question him".
He said shortly after 8am, Bain said: "I've got to get up. I go to university. I sing".
Mr Van Turnhout said he noticed a rifle cover on the wall with the zip half-way open.
He said he also saw an ammunition belt in the wardrobe with .22 ammunition in it, ammunition on the bedroom floor and a rifle trigger lock with the key inside it.
2.24pm An ambulance officer has confirmed to the court that she saw a ginger and white cat walk up the hallway of the Bain home before coming back and settling down in David Bain's room.
Ambulance officer Jan Scott said she saw the cat walk up the hallway on the morning that she attended to Bain.
Last week police were also questioned about a dog that was in the bedroom of Margaret Bain before it was tied up on the porch.
1.02pm Under cross-examination by Bain's lawyer Helen Cull QC, ambulance officer Jan Scott confirmed that earlier observations made by another ambulance officer were not included in her ambulance officer's report.
Ms Scott attended to David Bain on the morning that five Bain family members were found dead in their home.
Ms Cull put it to Ms Scott that another ambulance officer recorded that Bain was in an "emotional state" and was "highly distraught, he was a quivering shaky mess, he was emotionally out of control".
Ms Scott said she did not observe that.
She confirmed to the court that a police Constable had told her that Bain had lost consciousness but Ms Scott queried it in her report because she did not witness it.
When asked if Bain was showing signs that he had fainted, Ms Scott said she would expect a person to have recovered from a faint by the time she was monitoring him.
Court has now adjourned for lunch. Ms Scott will continue to give evidence after the break.
12.35pm An ambulance officer who attended to David Bain on the morning his family was found dead has told the court that ambulance officers were told that Bain was a suspect.
Jan Scott told the court under cross-examination that her chief ambulance officer, Craig Wombwell, told her that Bain was being treated as a suspect.
Earlier in the trial, police officers have told the court that Bain was not treated as a suspect.
Last week the police officer who was second in charge of the investigation, James Doyle, said the investigation moved away from Robin Bain towards David Bain.
Ms Scott also gave evidence today that Bain complained about a sore head.
She told Crown prosecutor Cameron Mander that Bain's room was cold and dark and although she looked at his head, she could not see anything,
However, when ambulance officers moved Bain out to the ambulance, Ms Dick saw a bruise above Bain's right eye.
Ms Scott said Bain talked to her about university and what he was studying.
12.06pm An ambulance officer has told the court that David Bain said he had to go to university on the morning that five of his family members were found dead in the family home.
Under cross-examination, ambulance officer John Dick said Bain made the statement at the police station.
Mr Dick transported Bain in an ambulance to the station after attending to him in his bedroom on June, 20, 1994.
Bain's lawyer Helen Cull, QC, said: "You recorded it at the time: As an out of context and mixed-up statement".
Mr Dick said: "It appeared that way".
He also told the court that he did not recall completing any part of the ambulance officer's report that showed Bain may have lost consciousness.
11.22am An ambulance officer who relieved the night shift on the morning that the five Bain family members were found dead in their home has told the court that Bain complained about "black hands coming for him"
Mr Dick said it was very hard to hear and he had to ask Bain to repeat it a "few times" but Bain said: "The black hands are coming".
"He just wriggled around a little bit more than normal but he didn't go out of the foetal position," Mr Dick said.
He said Bain complained of a head ache and that he felt nauseous.
Mr Dick said Bain's eyes were flickering and he opened his eyes occasionally.
John Dick has told the court that Bain was being monitored and showed "read outs of a normal person".
He said Bain was transported in an ambulance to the police station and was wheeled to an interview room on the fifth floor.
Mr Dick also stayed with Bain for about half an hour in the police interview room.
He said Bain was "calm and relaxed and talking quite coherently".
Mr Dick said he was answering questions and appeared "quite normal".
11.10am An ambulance officer giving evidence in the Bain trial attended the Aramoana massacre four years before the Bain killings.
He said Dunedin ambulance officers responded to about 10 calls a day and he has attended domestic disputes where people have been shot and stabbed.
"Ten emergency calls a day gives you exposure to just about everything Dunedin has to offer," Mr Anderson said.
David Bain's lawyer, Helen Cull has interjected three times, to say that the questions from Mr Mander had been covered in Mr Anderson's evidence and cross-examination.
Mr Anderson said he put a blanket over Bain because he thought he was cold.
He said Bain's heart beat remained between 70 and 76 during the time he was there.
10.59am Mr Anderson has told the court that it was a "possibility" that Bain had fainted after suffering from shock and anxiety.
When asked again about the possibility that Bain could have had a fit before Mr Anderson arrived, but he said he could find no signs that Bain had had a seizure.
He said he was not the ambulance officer who had indicated on the Ambulance officer's report that Bain had been unconscious for three minutes.
10.46am Under cross-examination from Bain's lawyer Helen Cull, Mr Anderson confirmed to the court that a person with a resting of pulse rate of about 50, a pulse rate of 76 is 50 per cent higher and would indicate "stimulation".
Mr Anderson has earlier said the morning was cold.
He said he put a blanket on Bain after he saw him "shivering".
Bain was wearing a t-shirt and a pair of rugby shorts on the morning,
Ms Cull asked if the shivering was consistent with soemone being cold. Mr Anderson agreed but said Bain had no goose bumps.
10.35pm Mr Anderson said Bain showed no medical signs that he had had a fit on the morning that five of his family members were found dead in the Bain family home.
He described the fit as "non-violent".
Last week, defence lawyers produced an ambulance officers report from the morning of June 20,1994.
Bain's lawyer Michael Reed, QC, said that the ambulance officer report indicated that Bain was unconscious.
However, Mr Anderson said Bain had not had a fit or seizure and was not unconscious.
He told Crown prosecutor Cameron Mander that he had witnessed people pretending to have seizures before.
Asked by Mr Mander about people pretending to have seizures, he said it was often by "psychiatric people" living in the community.
10.24am An ambulance officer who went to the Bain family home on the morning that five Bain family members were found dead has taken the stand at the Christchurch High Court this morning.
Former ambulance officer Raymond Anderson was the shift leader on June 20, 1994.
He was cleaning his ambulance at the end of his shift when he got a phone call at about 7.10am and left the station a short time later.
Mr Anderson said the Aramoana shootings were still fresh in his mind and he set up a safe point down the road.
He said after arriving he thought he had heard a gun shot but later learned it was police breaking into the house.
Mr Anderson said inside the house, he found David Bain in his bedroom in a foetal position near his bed.
He told the court that he placed electrodes on Bain to monitor his heart beat and oxygen levels which was at a normal level.
Mr Anderson said he brushed Bain's eye lashes to get a response and Bain's eyelids moved, indicating he was not unconscious.
He said conscious people cannot resist reacting if their eye lashes are brushed.
"I was quite comfortable in concluding that the patient did not need any degree of medical intervention at that stage," Mr Anderson told the court.
He said he also witnessed Bain "shaking" and said it was not a fit or seizure.
"The best way to describe it was that both arms and legs were moving in a coordinated fashion".
Mr Anderson said the shaking could have been a result of the cold temperature in the room and he put a blanket over Bain.
He said Bain also called out for a dog but kept his eyes closed.
- NZ HERALD STAFF/AGENCIES
