Robin Bain's suicide 'more likely than not', court told

David Bain is on trial for the murders of his parents and three siblings. Photo / Pool

An overseas firearms expert says it is more likely that Robin Bain committed suicide than not.

United Kingdom firearms expert, Philip Boyce, was supplied with a skull cap and steel rod from New Zealand showing the trajectory of the bullet fired through the head of Robin Bain, 58, when he and four of his family were shot dead on June 20, 1994.

Asked by defence lawyer Michael Reed QC what his opinion was on whether Robin committed suicide, Mr Boyce said: "I would say more likely than not".

Mr Boyce said that Robin Bain could have easily committed suicide.

Mr Boyce said he also came to the view that the body of David Bain's sister, Laniet, must have been moved, as the gunshot to the top of Laniet's head could not have been administered in the position she was found in.

Mr Boyce said he had dealt with between 2000 and 5000 shooting incidents in his work, including terrorist shootings.

He said his conclusion was based on his interpretation of Robin's fatal wound being close-contact, and how easy it would be for someone of Robin's stature to reach the trigger of the rifle in a suicide stance.

Robin's son, David Bain, 37, is on trial in the High Court at Christchurch for the murder of his family in their Dunedin home. His defence team says Robin shot dead the family before turning the rifle on himself.

Mr Boyce said he did his own examinations based on the items provided to him, using his colleague as a model, standing in different suicidal poses to see if he could reach the trigger of the rifle used in the shootings.

From the reconstructions, he concluded that a person could easily shoot themselves with the rifle in various poses.

Robin Bain would have about 4cm more reach than his model, Mr Boyce said.

Mr Boyce demonstrated to the court today how he could hold the rifle against his head and pull the trigger, with the rifle butt against the floor or on a chair. He wore the skull cap and attached steel rod in order to mimic the angle of the firing through Robin's head.

The position of Robin's body in the Bain house, and the position of the rifle next to the body, were consistent with his reconstructions, he said.

Pathologists appearing for the prosecution have previously stated that suicide by Robin is unlikely or impossible.

Mr Boyce said his opinion of the evidence was that the fatal wound Robin suffered to his temple was a contact or near contact wound. This means the silencer of the rifle was up against or virtually up against the head.

Sooting around the wound - seen in close contact - indicated this, Mr Boyce said.

Some pathologists for the prosecution have stated the nature of wound indicates the rifle was a distance from the head, making suicide less likely or impossible.

What Mr Boyce has stated is soot around the wound, some pathologists have suggested is unburnt powder marks - indicative of the rifle fired from a distance.

Laniet Bain, 18, was found in her bed, having suffered shots to the cheek, above the ear and the top of the head.

Mr Boyce said that, in his view, the first of three gunshots Laniet suffered was to the top of the head.

Prosecution experts previously stated the first shot Laniet suffered must have been to Laniet's cheek, which she could have survived, and then sat up before being shot in the head.

David Bain has stated he heard his sister gurgling, and the prosecution say Bain could have heard this after firing the first shot into Laniet's cheek.

The court earlier heard that Robin Bain wanted a final reading done on the electricity meter at his Taieri Beach home the month he and his family were killed.

The Bain murder trial also heard today about a document showing Robin Bain, 58, had apparently sought leave from his job about the time of the deaths.

Meter reader Darren Palmer told the court today he went to do readings in early June, 1994, at Taieri Beach School, where Robin Bain was principal and living in a school house on the grounds.

While doing his work, Mr Palmer said he met Robin Bain when walking across tarsealed courts at the school. Robin had his head down and his hands in his pockets, and may have mentioned he was the principal.

Mr Palmer said Robin asked if he could do a final reading on the school house, and that he wanted to put the power bill back into the name of the Board of Trustees'. He said he was going to be moving back into town.

Robin came across as depressed, Mr Palmer said. He would have expected a principal to be more outgoing.

Mr Palmer said he did not come forward for several years with this information because he was concerned about the effects of incriminating Robin.

Wayne Facer was appointed principal at Taieri Beach School in 2001 and told the court that he got a call from a police officer in August, 2007, relating to an old document his school staff had found in a filing cabinet.

The policeman was asking about a document in which Robin Bain was asking for leave ahead of time. Mr Facer said he understood the leave was being sought for a period coinciding with the time of the deaths of the family.

The police call came about a week after Mr Facer said he spoke with Bain supporter Joe Karam.

Questioned by prosecutor Cameron Mander, Mr Facer agreed he never saw the document or read it. He agreed he could not confirm it was Robin's letter.

Sharleen Stirling told the court at that she was friends with David Bain's sister, Arawa, 19, and was billeted to stay at the Bains' home as part of a music exchange about four years before the family murders.

Ms Stirling said she found Arawa a very intelligent "beautiful person". She found Arawa's relationship with David Bain very strong and supportive.

However Arawa would sometimes not talk to her mother, Margaret, for a couple of weeks at a time over grudges Margaret held.

"When things were peaceful with mum they were good. When they weren't, they weren't."

Arawa worked hard in her work at a museum cafe, and there seemed to be issues with money in the family. Everyone was expected to work.

Robin and Margaret Bain did not talk often. Robin was sleeping in a caravan at the rear of the family home.

Robin seemed a small, timid man, but always polite.

Arawa did not particularly like talking to her father, and their relationship was also strained.

Ms Stirling found David "great" to deal with.