Witness's link with first Bain jury revealed

The jury in the David Bain murder trial will have to decide what weight to place on the fact that a prosecution witness's father was on the jury that found Bain guilty in 1995.

The witness was recalled yesterday, and denied that her father's role had any influence on the evidence she had given to the High Court about the Bain family and their interactions.

David Bain, 37, was found guilty of murdering his parents and three siblings in his first trial in 1995, but that conviction was quashed by the Privy Council in 2007, and a new trial is now being held in Christchurch.

Bain's defence is that his father, Robin, shot the family dead then turned the rifle on himself.

The court heard yesterday that on the morning of the killings, Robin had arranged to be at a meeting to get assistance for his school.

But the defence says a psychologist who knew Robin for many years would describe him as being clinically depressed at the time of the deaths.

The witness whose father was on the 1995 jury was recalled yesterday to be questioned about the issue after it came to light. She cannot be named because this would identify her father, whose identity as a juror is protected.

Asked by prosecutor Kieran Raftery if her family link to the 1995 trial had anything to do with the evidence she gave, she said: "Absolutely not. None whatsoever."

Ingrid Dunckley, a psychologist working with children for the Ministry of Education, said Robin telephoned her on June 17, 1994, about money available for teacher aides at Taieri Beach School, where he was principal.

She said Robin arranged to bring information about his pupils to her on the morning of June 20. Ms Dunckley said she got a call from the school telling her about his death.

Questioned by defence lawyer, Michael Reed, QC, Ms Dunckley agreed she worked with psychologist Cyril Wilden, who had known Robin for many years and was in a trauma team at the school after Robin's death.

Mr Reed: "Mr Wilden will say that he formed the view that Robin Bain was clinically depressed, with a form of reactive depression in which at times he was flat and lifeless, awkward and difficult to communicate with."

Ms Dunckley said the possibility of Robin being depressed was not raised by Mr Wilden until after the deaths.

"He seemed surprised about the discussion of depression. That's what I remember."

She said it would not have been the role of an educational psychologist who worked with children to make the diagnosis Mr Wilden had made.

Mr Reed also raised the issue of stories written by children at Taieri Beach School, and sent home to parents, in which parents were shot and stabbed. The defence says Robin edited these stories before they were sent to the children's parents.

Ms Dunckley said she did not see the link between the stories and the killing of the Bain family.

"Children write all sorts of stories and it depends on the context of the classroom, what the topic was at the time."