David had injuries consistent with a fight with Stephen

When David Bain was examined by Dr Pryde at 11.20am on the morning of Monday 20 June 1994, David was found to have some recent injuries, Dr Prydes report is as follows.

Dr Pryde's report stated: I noticed recent bruising to his right temple which measured about three square centimetres in area. I also noticed recent bruising above his right eye which measured approximately one centimetre by half a centimetre. Dr Pryde noted another bruise on the appellant’s right cheek, and also a skinned abrasion area on the appellant’s right knee. At the end of his brief he made this observation: During the course of the examination I asked David Bain if he could tell me how the various injuries had occurred. He was unable to explain the injuries and he said that he did not know.

These injuries were consistent with David having recently been in some form of fight or struggle, such as the struggle which the Crown contended had occurred in Stephen’s room. More in depth information HERE

During the course of his first interview with Detective Sergeant Dunne on the Monday morning, and prior to the medical examination, David was asked by the Detective Sergeant whether he knew how he got “that lump on your head”. David replied that he could not remember anything that could have done it, except when he blacked out. That was a reference to his collapsing earlier in the morning in the presence of Constable Andrew who gave evidence that he had not seen David strike his head and, if he had struck it, it would have been the back of the head that took the force of the blow.

When Dr Pryde was asked to age the injuries which he found on David’s head, he said that the range was between 7 and 13-14 hours old. He ruled out the suggestion that the injuries were 4 hours old and said 5 hours was most unlikely. Dr Pryde’s evidence put the timing of David’s injuries between 9.20pm on the Sunday evening, and 4.20am on the Monday morning. David’s account was that he went to bed about 8.50pm and did not get up until being woken by his alarm at 5.30am.                                           

At trial several witnesses had given evidence David's chest injuries were consistent with being in a fight, but more importantly David was asked how he got the injuries and there was no response. Counsel submitted this spoke volumes, Justice Panckhurst said.

When asked at the first trial how he got the bruising on his face or the scrape on his knee he answered: I can’t remember how I got the injuries, but I do know I did not have the bruise or the scrape on my knee while doing the paper round.

A prison officer saw bruises and scratches on David's torso.

Thomas Samuel strip searched David Bain a few days after the murder of his family, the High Court was told in 2009.  Thomas Samuel said he processed David at Dunedin Prison on about 24 June, 1994, when David was remanded in custody after his arrest for the murders. 

Mr Samuel's Statement.   

They weren’t deep scratches and were starting to heal a little. It looked as though someone had raked his body with their fingers. The gouges or scratches ran downwards and were spaced apart consistent with a space between somebody’s fingers. There were two distinct different patterns of scratches. It looked like he was scratched once and then scratched again. These marks did not stick out as I could not see any other scratches about his body and I did a full strip search. There was also pre-bruises around the scratched area. It was like a yellowing of the skin and slight darkness in the middle of these yellow areas. I have seen similar injuries of bruising effects on many prisoners and I have also received injuries myself. These bruises, I would have thought, were about 2 to 3 days old. When I asked David about the scratches and bruises.He looked blankly at me and said nothing.

Former friend also testified of seeing bruises and scratches on David's torso.

A former friend of David's, whose name was suppressed, showed the court in 2009 a drawing she had made of grazes on David’s chest. She said he had scratches coming down from his left shoulder down his chest. She said David had moved aside his shirt to show her four or five grazes on his left shoulder three days after the Bain family murders. The woman said David had shown her the injuries because he could not remember how he had got them and had referred to the 20 minutes he could not account for on the morning of the murders. TV ONE VIDEO HERE

Robin Bain did not have any recent injuries that could be linked to the fight with Stephen.  The Defence did point to some marks on his hands as evidence of a possible fight, but these could have been caused by anything and they are small compared to the injuries evident on David.