Last Bain witness gives evidence

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No conclusions could be drawn from Robin Bain having a full bladder when he died, a urologist for the defence has told the Bain trial in Christchurch.

Robin's son David Bain, 37, is charged with murdering his parents and three siblings on June 20, 1994 in Dunedin. The defence contends Robin shot his family and then himself, sparing only David.

The defence has called 53 witnesses, the last of which began his evidence yesterday and will continue this morning.

The urologist's evidence referred to Robin being found dead with a full bladder containing an overnight collection of 400 millilitres, leading to the contention Robin, 58, could not have been the killer because he would have emptied his bladder first.

However, defence urologist Grant Russell, of Wellington, said nothing could be concluded from the 400ml of urine in the bladder. For some people 400ml did not cause any urgency at all, especially in an ageing male with an enlarged prostate like Robin. Adrenalin or agitation could also reduce urine production.

Some ageing men carried two or three litres of urine in the bladder and were totally unaware, he said. Men could urinate in the morning and still retain urine. Anti-depressive drugs could also inhibit the urge to urinate.

In cross-examination he agreed age could increase the urge to urinate in the morning.

In other evidence retired facial surgeon Donald Adams said four marks on Robin Bain's right-hand knuckles showed a curved outline of marks consistent with the upper central teeth of a 16-year-old boy. He concluded the marks were consistent with a fist blow to the teeth.

In cross-examination, Adams agreed the marks were consistent with many other things in daily life.

Melbourne pathologist Stephen Cordner told the court by video link he had no reason to differ from the pathologist who conducted the autopsy on Robin Bain, who said the wound was a contact or near contact wound.

"The head wound of Mr Bain is perfectly compatible with self-infliction," he said.

Powder burn abrasion marks seen by other pathologists giving evidence for the Crown were in his view not abrasions but probably skin defects, adhering blood or were too indistinctive to make a judgment.

The features of a contact wound blackening from soot, burning, and bullet wipe resulting from the material leaving the barrel were all present in Robin's case, he said.

Cordner said the trajectory of the bullet through Robin's head was a matter of no consequence. The site of the wound in Robin's temple was a site of election for gunshot suicides and right-handed people did shoot themselves in the left temple, he said.

According to a survey he had done in the early 90s of 51 gunshot suicides, four were shots in the left temple and eleven were in the right.

He said Laniet Bain could have survived long enough to make gurgling noises but pathologists should probably stay away from giving views on what it sounded like.

David Bain, according to his testimony at his first trial, heard Laniet gurgling, leading to the Crown argument he must have heard Laniet while she was still alive and therefore must have been the gunman.

- © Fairfax NZ News