Bain's condition 'not consistent' with fit

Raymond Anderson
Raymond Anderson
Jan Scott
Jan Scott
Helen Cull
Helen Cull

One of the first ambulance officers to arrive at the Bain family's Every St address on June 20, 1994, was taking "a cautious approach" as "Aramoana was still fresh in our minds and we didn't know what we were going to find", the High Court at Christchurch heard yesterday.

Raymond Anderson, now of Auckland, was one of three ambulance officers giving evidence about the demeanour of David Bain, then a 22-year-old student, in the hours after five of his family were found shot dead in their dilapidated two-storey home in Andersons Bay.

Bain, now 36, is on trial for a second time, accused of murdering his father Robin, mother Margaret, sisters Arawa and Laniet and younger brother Stephen.

He denies being responsible, the defence arguing that Robin Bain shot his wife and three children in a fit of depression and because he was about to be exposed for an incestuous relationship with Laniet, and that he then committed suicide.

Bain's retrial before Justice Graham Panckhurst and a jury of seven women and five men is into its seventh day of hearing today.

Michael Reed QC, Helen Cull QC, Paul Morten and Matthew Karam represent Bain, while the Crown case is being prosecuted by Kieran Raftery, Cameron Mander and Robin Bates.

As with two other ambulance officers who testified yesterday about what they noticed while in the room with David Bain, Mr Anderson's evidence focused on the question of Bain's demeanour and the genuineness or otherwise of a "fit".

Mr Anderson said he found no evidence Bain had just had a fit or was just going into one.

His eyes were closed and he was not responding when spoken to, but his eyelids flickered when his eye lashes were touched.

And although he saw Bain's arms and legs shaking, the movements were non-violent and co-ordinated, not like someone having a seizure or fit where the movement was unco-ordinated and could be very violent, Mr Anderson said.

He had checked David Bain's heart rate, breathing and oxygen saturation levels and found them normal and consistent with a person resting, rather than someone coming out of or about to have a fit.

To Ms Cull QC, the witness said he became aware later that Bain was an athlete, very fit, and he agreed that while a pulse rate of 76 was normal for most people, for a fit person with a normal resting pulse rate of 53, a pulse of 76 suggested some stimulation.

But what he saw in relation to the shaking was "not consistent with someone recovering from a faint, nor from having a fit", Mr Anderson said.

John Dick, who with ambulance officer Jan Scott took over from Mr Anderson, was with Bain for about two and a-half hours.

He recalled Bain complained about feeling cold, of having a headache and saying something about "black hands" coming.

While adjusting hot packs and blankets and checking Bain for injuries, he noticed some blood on his sock.

When he heard Bain whisper something about "black hands", he tried to communicate with him, asking if he was all right.

Bain occasionally looked around but basically stayed in a fetal position although he would open his eyes if he heard a noise or if someone walked past.

To Ms Cull, Mr Dick agreed Bain became agitated when talking about the black hands.

And later, at the CIB office, he said something about having to go to university.

But the witness said he did not believe Bain was disoriented although he seemed emotionless.

And he did not agree remaining in one position for two and a- half hours on the floor was consistent with someone recovering from unconsciousness and trauma.

Jan Scott said she heard Bain make a few comments about going to university and she asked what he was studying.

She recalled him asking for his glasses and a pair being found on a chair, but a police officer said they were broken.

Bain was not always easy to understand, particularly when he mentioned "black hands", Ms Scott said.

She had to ask him several times what he meant and understood in the end he was saying "black hands were coming to get him".

Mostly Bain lay on the floor with his eyes closed.

He said nothing about his family until after arriving at the CIB office.

In response to a question from Ms Cull about Bain being extremely emotional, Ms Scott said that was not what she saw.

She agreed by the time she saw Bain, any symptoms consistent with a seizure were not present.

She had been told a police officer with Bain believed he had lost consciousness.

 

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