The jury in the David Bain retrial is returning with a verdict. Further details coming...
The jury broke for lunch at 12.45pm after beginning their deliberations this morning at 9.10am.
The deliberations are taking place in a room beside the High Court No.1 Courtroom.
The jury started the morning by having two questions answered by Justice Panckhurst.
The questions were "What are the rules of reasonable doubt?" and "Can you please clarify your statement 'It must be David to the exclusion of Robin'."
Justice Panckhurst told the jury of seven men and five women there were no rules relating to reasonable doubt.
Yesterday he told them they had to decide if the Crown had proved beyond reasonable doubt David Bain killed all five members of his family - father Robin, mother Margaret, sisters Arawa and Laniet and younger brother Stephen - and had proved beyond reasonable doubt it was not a case of suicide in which Robin killed four of the family then committed suicide.
This morning he said reasonable doubt was part of a definition of the standard of proof.
The standard of proof was this: proof positive,without any residual doubt, was required.
They must start from a point where they presumed David Bain innocent.
Beyond reasonable doubt was only met if they were, at the end, sure the accused was guilty.
"It is not enough he is probably guilty or even very likely guilty, you must be sure."
On the other hand it was difficult to determine something with absolute certainty.
A reasonable doubt was an honest and reasonable uncertainty about guilt, after a careful and impartial consideration of all the evidence, Justice Panckhurst said.
To prove David was the killer, the Crown must necessarily have excluded Robin as the killer.
The jury as retired to deliberate their verdicts on the five counts of murder.
David Bain must remain in custody until the verdict is in.
• Bain was found guilty in May 1995 of the murders of his parents and three siblings at their Every St home, and was sentenced to life imprisonment with a 16-year non-parole term.
He was released on bail two years ago, after the Privy Council ordered a retrial.
