Photos show injuries to David Bain

David Bain talks to part of the defence team at his retrial. Photo Pool
David Bain talks to part of the defence team at his retrial. Photo Pool
Photographs showing injuries to David Bain - accused of the murder of five members of his family - were put before the jury on the second day of his retrial in the High Court at Christchurch.

Bain has pleaded not guilty to murdering his parents and three siblings at his retrial before Justice Graham Panckhurst.

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 found dead at their house in Every Street, Dunedin.

The jury was also shown about 10min 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".

A large part of the morning's sitting was delayed because the courthouse computer system crashed, meaning that the proceedings could not be relayed to typists in Auckland keying in the written record of the trial.

Today was the second day of the retrial, which may take three months.

 

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