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The court decision
In the Dunedin High Court, the jury retired at 11.45 am on 29 May 1995 and returned at 5.23 pm with four questions. It retired again at 5.42 pm and came back with its decisions at 9.10 pm.
The verdict was guilty on all five counts of murder.
Counsel’s pre-sentence addresses
Prior to the jury’s retirement, they and Justice Williamson heard from Bain's counsel Michael Guest, that Bain still protested his innocence. He said psychiatrists had found no significant factors indicating Bain had an antisocial personality. There was no history of violence or aggression. Mr Guest said Bain could not remember killing his family and still denied responsibility.
Crown counsel Bill Wright said five premeditated, planned and cold-blooded murders occurred. He said Bain attempted to conceal his crimes by incriminating his father, had displayed no remorse for what he had done nor any regret at losing his family.
Both Mr Guest and Mr Wright asked the judge to make permanent suppression orders over some evidence not allowed from proposed witnesses, for both the Defence and the Crown.
The sentence
Bain was sentenced to life imprisonment on 21 June 1995, a year and a day after the murders. Justice Williamson told him he would remain in prison for a minimum of 16 years before parole could be considered. He said this minimum period would not take the year Bain had already spent in prison into account.
Justice Williamson granted permanent suppression of the content and subject matter of some of the excluded evidence and permanently suppressed the name of a Crown witness and directed that the rifle and ammunition be retained as exhibits.
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David Bain convicted of the murder of his parents, his two sisters and his brother. |
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