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John Bain set to hear his fate, as jury begin -

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John Bain set to hear his fate, as jury begins deliberations

Reporter: Kerri Ritchie

PETER CAVE: For the past 12 weeks, a murder trial has been underway in the New Zealand city of

It's one of the most sensational court cases the country and every New Zealander seems to have an
opinion on the guilt or innocence of David Bain.

The 37-year-old is being retried for the murder of his entire family - found shot dead in their
Dunedin home 15 years ago.

New Zealand correspondent Kerri Ritchie reports.

KERRI RITCHIE: It was a wintry morning in 1994.

David Bain was out doing his paper round in the South Island city of Dunedin.

When he returned home, he told police he found his entire family dead and called emergency

That phone call was played in court.


DAVID BAIN: Help. They're all dead.


DAVID BAIN: They're all dead. I came home and they're all dead.


DAVID BAIN: Every Street.


DAVID BAIN: 65 Every Street. They're all dead.


DAVID BAIN: My family. They're all dead. Hurry up?

EMERGENCY SERVICES OPERATOR: It's OK. Every Street and it runs off Somerville Street?

KERRI RITCHIE: A year later David Bain was found guilty of murdering his father, mother, two
sisters and a brother, but he's always maintained he didn't do it.

His lawyers and supporters say it was the dad Robin Bain.

They claim the school principal killed his wife, son and two daughters to hide the fact he was
having an incestuous relationship with the oldest girl.

After 12 years in prison David Bain had his conviction quashed by the Privy Council in London and
was released on bail.

REPORTER: How does it feel?

DAVID BAIN: Pretty damn good.

REPORTER: David, do you want a new trial?

DAVID BAIN: I don't care one way or the other. I will leave that up to the system to make their

KERRI RITCHIE: That retrial has been underway in the High Court in the Christchurch for the past 53

It's drawing to a close.

The courtroom has been packed with journalists and curious members of the public.
One-hundred-and-eighty-three witnesses have given evidence - 53 for the defence and 130 for the

David Bain has listened to it all from his seat at a desk beside his lawyers.

Over the past few days the jury has heard that the father Robin Bain was right handed but the
gunshot wound which killed him was on the left side of his head.

Pathologist Stephen Cordner gave evidence for the defence via video link from Melbourne. He says it
is possible Robin Bain shot himself.

STEPHEN CORDNER: There's nothing in that wound to, in my view, negate a conclusion of suicide. This
wound is best regarded as a contact or near contact wound.

PROSECUTOR: We can say that it is unlikely or less probable site. Would you agree with that?

STEPHEN CORDNER: Well, no. I disagree with the word.

KERRI RITCHIE: The pathologist who carried out the autopsy on Princess Diana gave evidence. He also
believes the father could have committed suicide.

David Bain's most vocal supporter is a man named Joe Karam.

He's a former All Black and he's been at court every day.

He even helped fund the appeals and let David Bain stay at his place when he was released from
prison after the Privy Council ordered the retrial.

JOE KARAM: David Bain is going to be delighted that this whole thing can be aired in the forum it's
going to be aired in, albeit that it is disappointing that he is going to have to spend another 18
months to do so.

KERRI RITCHIE: The last defence witness is giving evidence today.

Both sides will then sum up their cases; it's expected that the jury will begin deliberating next

David Bain's future hangs in the balance.

This is Kerri Ritchie in Auckland reporting for The World Today.