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Bain Neighbours Wait Chance To Give Evidence

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Fuseworks Media
Fuseworks Media

Christchurch, March 10 NZPA - Dunedin neighbours of the Bains will have to this week stretch their memories to try to recall the day in 1994 the family were found dead in their Every St home.

David Bain, the only member of the family not killed, is being retried in the High Court at Christchurch for murdering his parents and three siblings.

Bain has pleaded not guilty before Justice Graham Panckhurst.

Photographic evidence of the crime scene was displayed to the jury yesterday, and will be centre stage again today.

Then it will be the turn of the 1994 residents of Every St to give evidence, followed by exhibits from the scene, with the first police officers giving evidence later in the week.

Photographs showing injuries to David Bain were put before the jury yesterday, the second day of the retrial.

Daniel Batchelor told of photographing Bain, then aged 22, at the Dunedin police station after the bodies were discovered.

A photograph he took of the left side of Bain's face showed a bruised area on his forehead.

Another photograph showed an area of skin missing from his right knee.

Mr Batchelor told of taking post mortem photographs of the other members of the Bain family.

The jury was also shown about 10 minutes of video taken of the crime scene at the house, and still photographs taken over several days at the house were also produced in court.

The jury was shown a scale plan of the address with overlay sheets detailing various aspects including the position of the bodies, the blood spots found, footprints, spent cartridges, live rounds and lead fragments.

Earlier the defence challenged changes to the position of shell cases and other property in photographs taken at the scene of the murders.

The prosecution's first witness Trevor Gardener, who was a senior constable in 1994, took videos and photographs of the interior and exterior at 65 Every Street, Dunedin, where the Bain family lived.

Mr Gardener was questioned at length about items being moved during his photographing of the crime scene.

Defence counsel Helen Cull QC said the house had been destroyed so the photographs had become vital evidence.

Mr Gardener said his notebook had been lost and 14 years was a long time to remember the exact times of his work at the scene.

He was the first photographer on the scene and went back for four or five days to take hundreds of photographs.

He could not say which photographs he took, in examining books of photographs being produced at the trial.

He could not tell the sequence of the various photographs. Some of his negatives were no longer available.

Ms Cull said the crown had placed significance on the alcove and the location of the shell cases in the room where David Bain's father Robin was found shot dead.

But she said different photographs showed the shell cases had moved.

She pointed out that items -- a pillow, shoes, hoodie, and socks -- had been moved in David Bain's bedroom between photographs being taken.

Mr Gardener said it was "not unusual to change things around at a crime scene".

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