Recent analysis of the photo of what was identified by Milton Weir as a lens that was the cause of much controversy after the first trial and led to a defamation case against Joe Karam, has revealed the possibility that it was indeed the lens.
From a report on the evidence given in the 2009 retrial:
In a stunning development today Simon Schollum told the High Court in Christchurch that using modern techniques he examined over the last six weeks an image of a lens found in the bedroom. The image had been discredited as showing a trick of the light and not an incriminating lens but was in fact correct, he said. The trick of light was actually the lens.
David Bain is charged with the murder of his family on June 20, 1994.
Schollum's evidence relates to a lens found in Stephen Bain's bedroom after the murders. The Crown says the lens came from a pair of glasses worn by David Bain when he fought with his brother before shooting him in the head.
Schollum said he based his conclusion on images taken of the bedroom while Stephen Bain's body was still in the room. He was able to see the lens before the body was removed and the lens was clearly moved to the spot in which it was found when items were moved aside to remove Stephen's body.
Schollum earlier told the court he had considered the 800 or so original negatives from Every Street and the videotape taken of the scene. He was able to recreate the correct chronological sequence of the images taken of Stephen's bedroom.
Images which were suggested to show clothing had been moved to plant a lens actually showed very little change in the items in the relevant area. A suggested change was due to the amount of light projected by the camera's flash into the area and the angle of the camera.
In cross-examination by Michael Reed QC, Schollum said his latest examination in the last few months showed what was accepted as a trick of the light by both the Crown and the defence, and therefore not the lens, was in fact the lens from the glasses allegedly worn by David Bain during the murders.