Bain jury concerned by rifle

The jury in the David Bain murder retrial today made a special request for the rifle being shown in court to be checked and made safe.

Trial judge Justice Graham Panckhurst said he had received a request from the jurors for the police witness to check the weapon as he gave evidence.

He said the jury was concerned that the weapon as well as live ammunition was in the courtroom.

Retired detective Kevin Anderson checked the .22 rifle and said there was a lock on the trigger and no bullets in the barrel and the trial then continued.

Bain has denied murders of five members of his family at their house in Every Street, Dunedin, in 1994.

Earlier Bain was visibly upset when a video of the scene at Every Street was shown to the jury.

The video included footage showing the bodies of the Bain family members.

Retired Detective Sergeant Milton Weir gave a commentary as it was shown.

The video showed a cluttered house, in bad state of disrepair. Mr Weir described the smell in the house as very bad and said his staff had to wear face masks.

In the room where David Bain's father Robin was found on the floor there was a bloodstain on the curtain and a rifle covered in blood with a rifle magazine beside his body. He had spots of blood on his trousers and blood spots on the rear of his left hand.

Off this room was an alcove where the computer was running with the message, "Sorry you are the only one who deserved to stay," on it.

Fourteen-year-old David Bain's brother Stephen was found lying on the floor of his bedroom beside a heavily bloodstained bed, and a spent .22 cartridge on the pillow.

Mr Weir said there were obvious signs of a struggle in this room, and the injuries on Stephen were consistent with this.

Mother Margaret Bain was lying in her bed with a bullet wound in the area of her left eye.

David Bain's sister Arawa was on the floor of her bedroom with a gunshot wound on her right forehead.

Mr Weir said the doorjambs had bloodstains on them and it was decided to do luminol testing of the house. He then told of bloody footprints being found.

Mr Anderson was put in charge of the room where father Robin Bain was lying, and did a scene search.

He told the court in detail where everything was in the room and spoke of blood on the curtain between this room and the alcove where the computer was.

He made measurements of the rifle and where it was in the room. He said there was a live shell by the rifle handgrip.

A spent shell was found in the computer alcove and the curtain with the blood spots was removed.

Former Detective Constable Jenepher Glover told today of helping in a detailed scene examination of Bain's bedroom.

She explained that items not needed for exhibits were taken out of the house and put in an army tent at the front of the property.

The items seized as exhibits were handed around the jury.

She said there were boxes of ammunition in Bain's wardrobe.

A large piece of cardboard with five circles drawn on it was also found.

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