Bain told first jury he saw all of his family

Although David Bain told police he saw only the bodies of his parents the morning five of his family were shot, he later told a Dunedin High Court jury he had remembered seeing the others.

Bain (37) is being retried for the 1994 murders of his parents and three siblings.

The jury in the second trial has had the transcript of his evidence at his 1995 trial read to it by Justice Graham Panckhurst.

The question of whom Bain said he saw lying dead in the Every St house relates to what he said during his 111 emergency call when he said his family were "all dead".

But he told police he saw only his mother lying dead in her bed and his father on the lounge floor.

In his evidence at trial in 1995, Bain said he came home from his paper run, put on the washing, then returned upstairs.

He saw his mother lying dead. He thought he went into Stephen's room and got down beside him, trying to wake him.

He remembered being in Laniet's room. He could hear her gurgling but could not recall if he touched her.

He remembered seeing Arawa lying dead on the floor of her room. He did not touch her.

He ran upstairs to the lounge and saw his father. "He wasn't awake either and I saw the wound in his head."

Bain said he did not remember seeing the rifle. "I didn't kill any of these people, I didn't kill anybody," he told the court.

His evidence was that when he was interviewed he had made it clear he had not been to any of the rooms except his mother's bedroom and the lounge.

After sessions with psychiatrist Dr Paul Mullen in December 1994, he remembered touching Stephen and going into Laniet's room.

Under cross-examination by Crown counsel Bill Wright, Bain agreed the sessions with Dr Mullen had been after the preliminary hearing and after he had seen the statements of evidence from Crown witnesses.

Bain agreed he would have been aware then that blood on his clothing had been identified as coming from Stephen or Laniet.

He had not used his rifle since January or February 1994.

He could not account for his prints on it, as he did not recall touching it "but I must have".

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