On a cold morning in June of nineteen ninety four, a twenty two year old man called emergency services and he told them he had found his entire family dead inside their home, all of them shot in cold blood. What followed, though, was not just a murder investigation, but a case that would split a country, challenge the justice system,
and leave behind more questions than answers. See, the only people who could have been responsible for those murders were those who lived inside of the home itself, and yet, even decades later, the massacre of the Bain family still remains one of New Zealand's most debated and unresolved cases. This is the story of the Bain Family massacre.
My name's Ben, I'm Nicole, and are listening to Wicked Ingram, a.
True crime podcasting. The following podcast material more audience listeners. I just had my first sip of coffee, like just it was the in between recording that intro. And now I've only had one cup of coffee this morning and it's nine am.
So now you feel like you're ready for the day that it's going through your veins, I.
Mean a little bit like I'm not someone who depends on coffee for caffeine. I could probably drink decaf and it wouldn't fucking matter. It's just that that ritual of the hot, earthy drink, you know, it just revitalizes me that alone, like tea does a very good job of it too.
Well, how come you don't like macho then it tastes like grass? That's earthy?
Well it's a little too earthy. Maybe maybe I'm more of a dirt flavored person, not a grass flavored person. How's that.
I'm very curious the percentage of adults that feel like the need to have a cup of coffee in the morning to kind of like start their day right, like.
Caffeine wise or what yeah, yeah.
Caffeine or even just the ritual or whatever.
I'd imagine it's high.
I bet it's at least seventy five percent.
Probably should I google it right now?
I think that you should.
What percentage of adults need to start their.
Day with coffee? Cup of coffee, cup of java?
Okay, so Google's little AI thing says approximately sixty six to seventy three percent of Americans drink coffee daily, But it also says about thirty six of adults specifically identify as morning coffee drinkers and that's how they start their day.
Okay, so I'm probably a minority, then I'm thinking minority.
Oh, you're definitely a minority. Yeah, yeah, but you weren't too far off when you said seventy five percent. It seems like it's like sixty six to seventy three is what it says here.
Dang, that's so high. I don't know. That must be. There is obviously a huge market then for coffee, right, Oh, definitely should really tap into that. I guess. Obviously there's like Starbucks and whatever on every corner of the street in some big cities.
But artistsan roasters. I mean, I've always wanted to start my own little like coffee roasting and stuff. I should one.
Day, Yeah, make your own coffee kind of.
Fun wicked coffee or something.
But it would probably be such a shame if I don't drink it. Would that make me a coffee drinker? Have to make me a coffee drinker?
Maybe it would?
That would be what did it? Eh?
Maybe? Although I do have to bring up Macha here though, because I saw a joke the other day this girl was like showing off her Macha or whatever. And then she had like the tin of all the stuff and she went to like lift it up to the camera for this reel, and she showed the camera what it was, and then the lid blew open and then Macha went everywhere,
spilling on her. And then some dude reacted to the video and with like the best joke ever, and he's like, h looks like your shirt, Macha's your drink.
Oh my god.
I laughed way too hard. It was so good.
I do admit, Macha can make a huge mess. Really. The powder is kind of annoying and obnoxious.
Yeah, fair, but I don't know.
It's like pretty too.
But soaking ground coffee. You'd spill that gets everywhere, honestly.
If you it, I guess. But it matches more like a loose powder, right, Yeah.
Yeah, It's definitely got that fluffiness, the fine greenness to it. I think enough talking about these drinks this morning. Are you ready for this case?
Let's talk about murder instead?
Talk about murder. This is definitely murder. I will tell you that. I don't go into too many graphic details, but it is an unsolved case and it is quite the story.
I'll tell you nineties, you said, I think right, yes.
From the nineties. I'll tell you right now, once you figure it out, you might want to stick around and wait more to really develop your opinion. If you have your opinion figured out, you're probably going to change it, and then you're probably going to change it back, and then you might even change it again. That's how this case is going to go.
Okay, were ready hear it?
Okay? So, on the morning of June twentieth, nineteen ninety four, at approximately seven nine am, emergency services in Duneda, New Zealand, received a call from twenty two year old David Bain. Now. The call was urgent right from the start, with David immediately telling operators that something was seriously wrong inside his home. On every street, not every street. This name was every street. Okay, So it's not on every single street. It's on this street that is named every street.
That's kind that would bring up some confusion when you're telling people that your address.
Yeah. When as operators tried to understand the situation, David stated very clearly, quote they're all dead, my family, they're all dead end. Quote. Throughout the call, David's voice was strained and emotional, but he was still able to respond to the operator's questions. He provided his name and confirmed his address, allowing emergency services to identify the location rather
quickly despite the confusing street name. Now, the operator also attempted to gather more specific information about what had happened inside the home, including whether anyone was still alive or required immediate medical attention or what. However, David did not provide a detailed explanation of the situation inside the home.
His responses remained focused on the fact that his entire family was deceased, rather than describing individual victims or explaining how he'd come to find him in that state that they were in. Now, the call itself was relatively brief and ultimately did not contain a full account of events, with no explanation of what David had seen or done
prior to contacting you Know nine one one. Instead, the call served primarily as an alert that something catastrophic had occurred inside the home, didn't tell the story of how, why, or anything outside of that. Now, based on the information provided, police and paramedics were sent immediately to the address, preparing for a situation that could involve multiple fatalities and potentially even still an ongoing threat, because that fact alone was
still unclear. So when emergency services arrived at the Bain family home on every street within minutes of the call, it was approximately seven twenty am, with the conditions outside being cold and dim with limited natural light. Officers approached to property with very little confirmed information. All they knew was that a caller inside the home had reported multiple deaths and no indication if there were still an active situation unfolding that had caused these deaths, and because of
that uncertainty, police did not immediate treat the scene as secure. See, there was a real possibility that whoever was responsible could still be inside the house, so officers approached very cautiously, aware they could be walking into a potentially very dangerous situation. Now, this initial hesitation shaped how they entered the home, as they had to balance the urgency with personal safety as well.
They had to look out for themselves. Now. The house itself appeared run down and poorly maintained, consistent with reports that the Bain family home had fallen into a state of disrepair. When officers stepped up to the front door, they didn't receive an immediate response when they knocked, despite the emergency call having just been made from inside the.
Home, which is super eerie.
Exactly so this only added to the uncertainty intention of the situation building. But eventually police made the decision that they needed to force their entry in the home to gain access and assess what was going on, and when they did, officers quickly located David Bain. He was found on the floor. He was in deep distress and repeatedly stating that his family was dead. His behavior was described as deeply emotional and extremely overwhelmed.
Okay, but he wasn't hurt himself. It was just he was in shock and agony because his family was dead.
Correct, he just found all of them dead, which.
Ooh, I couldn't imagine. That would just be the most brutal thing ever.
Yeah. Now, as officers began moving through the home, the inside of the house was heavily cluttered, with belongings scattered throughout the rooms, and it appeared to be disorganized and again very poorly maintained. The layout itself was somewhat confusing too, with narrow spaces, partially obstructed hallways and areas separated by makeshift divisions rather than clearly defined rooms, but this made movement through the house a lot slower as officers worked
methodically to check and clear each and every space. The first body they found was located in the living room. It was that of Robin Bain, the father. He was found on floor in a pool of blood with a gunshot wound to his head, and there was a twenty two caliber semi automatic rifle that was lying nearby the position of the body and the presence of the weapon suggested a possible self inflicted gunshot, but this had not
been confirmed yet. Officers continued through the house to determine whether anyone else was present or whether medical assistants could still provide anything to someone else who might still be clinging to life. In a nearby bedroom, they discovered eighteen year old Lynette Baine lying in a bed. She was David's younger sister, and she had been shot in multiple times at close range, and the injuries were concentrated to
the upper body area, including her head and torso. Moving further through the house, officers located Margaret Bain that was the mother of the family, and she was also in a bedroom, and she too had been shot multiple times. The injuries were concentrated again to her upper body, including the head, torso and chest area. In another room, they found eighteen year old Arwa Bain, another one of David's
younger sisters. Unlike the others, though she was not positioned in bed in a typical resting posture, which suggested that she may have been awake at the time of the attack, but she too had been shot, with her injuries involving the head and upper body torso area, and her fatal shot being to the head like the others. The final discovery came when officers located fourteen year old Stephen Bain. He was David's younger brother and was the youngest member
of the family. He was in a separate room and was not immediately visible. Now his injuries were different. They showed very clear signs of a struggle, which indicated that he had not been killed instantly when he was first shot and attempted to defend himself. There were indications that the shot had initially failed to incapacitate him, and it was followed by a physical confrontation with his attacker before it was ultimately well a killing shot by the gun that would take them down.
Holy shit, So this is what two adults and.
Three kits, five members of the family shot and killed.
Oh my gosh. Well, I mean it does kind of make sense that not all of them were, you know, taken by surprise, right.
Yeah. Now, the thing though, is twenty two caliber rifle. I mean, yeah, it is. It's still a gun shot, but twenty two calibers are relatively quiet. Just for clarification, the bullets are rather small. We've talked about this in
the show before. It's a It was a very popular choice by you know, the mafia and gang members way back in the day because a bullet will enter a brain cavity, not exit the skull, rattle around, scramble the brains, so you have less of a mess, but also a quieter shot to help, you know, keep things a little a little more stealthy.
But even if the gun is quiet, there could be noise made from like the other family members and stuff too, right, one hundred percent.
And I'm not saying that the gun is quiet enough to not be heard. It's just a lot quieter, quiet enough that you can maybe shake it off as something else.
You know, or that a neighbor would maybe not necessarily be like, that's a gun shot.
For sure. Maybe the first shot or two might not wake someone up if they're sleeping, even but that it's still a gun going off in a home. It's going to wake people up. And perhaps that's how this played out, you know what. A couple of them were sleeping, then the other one was maybe awake in bed but not sleeping, and then the final one being the youngest son, well maybe he came face to face with the attacker as he was entering the bedroom, right.
Yeah, he was like, no, like, I'm going to try to well fight for my life.
Yeah. Now across the house, the pattern of the killings began to emerge. Most the victims appeared to have been shot in or near their beds just as we were talking, suggesting that they had been attacked while they were sleeping or shortly after waking up. Stephen's case, of course, stood out due to the evidence of resistance, making it clear
that at least part of the attack involved direct physical conflict. Now, at this point, officers had confirmed that all five members of the Bain family were dead inside the home, outside of course David, who was the one who found them. Now, with the rifle located near Robin Bain's body, and the distribution of the victims through at the home, the initial
impression began to take shape. Based on what they were seeing, it appeared very possible that Robin Bain had shot his family before turning the gun on himself and self deleting. Now police soon secured the scene and began documenting what they had found, and another detail was found that reinforced this theory. See, there was a message found on the family's computer. On the screen were the words that said, quote sorry, you're the only one who deserved to.
Stay end quote poor Okay.
Yeah, it seems like this is like some sort of explanation or maybe a farewell, But it was interpreted by early investigators as a possible suicide note left behind by the killer, who was assumed to be Robin, the father of the family.
And the explanation for why David was still alive exactly.
So, if Robin had written it, it could have been read maybe even as an apology directed towards David specifically. I mean, it does say sorry, right, seems to be talking about him, who was the only surviving member. Now, at this stage, there was no clear sign of forced entry and no immediate indication that an outside attacker had been involved. Now, David's presence in the home, combined with his emergency call, placed him as the sole surviving witness.
Now soon officers began talking to him as the investigation began to unravel, and he soon told them that he was out completing his paper route during the early hour mornings, and he had come home to find the murder scene at the house. Now, based on those early observations and evidence of the murder's suicide theory, it formed that way
very quickly. But to understand how investigators approached this case, it is important to look at the Bain family itself and the environment inside the home leading up to that fateful night, because there's a lot more than David being out on a paper route and an explosion of murder happening while he's gone. Now, to most, the family might have appeared relatively ordinary, but internally there were signs of tension, division,
and instability that had been building over time. Robin Bain, the father, was a school teacher and had spent a significant portion of his career working overseas as a missionary educator. His wife, Margaret Bain had developed a very different set of beliefs over the years too. See while Robin maintained a more traditional religious outlook, Margaret became increasingly interested in spiritual philosophy, astrology and alternative practices, including seances and the
idea of communicating with spirits. Now these differences were not minor disagreements, they had grown into a very deep divide within the house household, contributing to many ongoing conflicts between the two. The family had spent approximately fifteen years living in Papua New Guinea before returning to New Zealand in nineteen eighty eight, and during their time overseas, the children had been largely homeschooled and a lifestyle was described as
pretty unstructured, to say the least. When they returned to the city Dunedin in New Zealand, the transition was it was very difficult for several members of the family, particularly David, who was around sixteen at the time sea, adjusting to a more conventional school environment and social structure. It proved extremely challenging after years of more un isolated upbringing. Now, by the time the murders had occurred, the Baine household
was no longer functioning as a unified family home. The relationship between Robin and Margaret had broken down significantly, and Robin had effectively been pushed out of the main home and was living separately, often staying in a caravan or vehicle, while still maintaining some sort of connection to the home and his kids. Now. Despite this physical separation, though, he continued to provide financial support, which added another layer of
tension to a very strained already situation. Now inside the home, there were also divisions amongst the children. David, being the oldest at twenty two, was still living at home and working a paper route while also pursuing interests in music and performance. He was widely described as being very close to his mother and aligned with her on her ongoing conflict with the father, so he kind of sided with
his mom now. Arowa, one of his younger sisters, was seen as responsible and academically successful, while Lanaiette, one of the other sisters, had been living away from the home and had her own separate challenges and personal issues. But I digress on that now. Stephen, the youngest at fourteen, was still a teenager and was largely caught in the middle of the family dynamic, and when it came to the house itself, it reflected the state the family was in,
being described as cluttered, poorly maintained, and invisible decline. The physical environment, combined with the emotional and psychological divisions within the home, created a setting where tension had become a constant presence rather than an occasional occurrence, and so by June of nineteen ninety four, the Bain family was no
longer operating as a stable unit. While none of this explained what had happened on the morning of June twentieth, it at least provided important context for investigators and as they tried to understand how something so violent could occur inside a family home now on June nineteenth, nineteen ninety four, the night before the murders took place, This also became an important point of focus for investigators as they tried
to understand the following morning. See that evening, multiple members of the Bain family were present at the house on every street. Lanniette Bain, who had not been living at the home full time time, was present that night, so her return placed all of the family members under that same roof. In the hours leading up to the killings. Now, allegedly, there may have been plans for a family discussion or
confrontation involving Lenniette that night too. It was later reported that she had intended to address certain personal matters with the family, although the exact nature of what she had planned to say and how that conversation might have unfolded was never fully confirmed. What is clear, though, is that her presence that night introduced an additional layer of the unknown of uncertainty into an already unstable environment.
Okay, so she didn't live there full time, but they were having a good old family meeting potentially those are always awesome, and she was there for that and then stay the night or something correct, is what they're thinking.
Yes, so the family doesn't all live in the same home. She was the one who lived away and she's back. She had intents of bringing something up with the family. There's a lot of tensions already going on, and before that could happen, these murders occurred. Okay, which is very like murder mystery scenario kind of situation.
I was literally just thinking that that this could be a freaking murder mystery game.
But unfortunately, though this isn't the game. Yeah, it's real life. This was people's lives that they lost because of this.
Yeah. Well, and I do have to just say, it would be very difficult to have a household that has two different religions or beliefs, right like that systems. Yeah, that would be very something hard to navigate through and definitely cause a lot of tension.
One hundred percent, because beliefs are the foundation for certain individuals entire lives, how they live, how they react, what they believe, what they do all this, and if you have two contrasting situations, how can you correlate certain lives and have them connect together. I'm not saying it's impossible.
Yeah, I possible, but it's just very difficult for sure.
In fact, I think I advocate for people being able to do that, you know, having compassion and living with someone who disagrees with you. I think that's great, but it's not going to be easy.
Yeah, yeah, but it is. I mean I know of some families that make it work. It's kind of you know, neat that you can respect someone to believe what they want to believe and then still kind of have your family unions.
Exactly like for us for example, I believe coffee's amazing. You don't. We still get along relatively well.
Because apparently coffee is a damn religion. At this point, am I've seventy five people, seventy five percent of people into it.
Yeah, I think at this point you can probably say it is now. Despite the tensions between everyone, there was nothing at the time that clearly pointed to an imminent act of violence that was going to occur. The family went through the evening as they normally would, with no indication that the following morning they would all be dead.
From the beginning, investigators took this information and worked to build a timeline based on physical evidence, witness sightings, and David's own account right being unfortunately the only witness to finding the bodies and what had happened maybe in the home that day, David said, as I mentioned earlier, he
delivered newspapers and he typically began his route each day early. Now, according to his account, he woke sometime around five thirty am, then he got dressed, left the house at approximately five forty five am, and began his paper run. Now, he was known to complete much of the route on foot, often running between deliveries and he took pride in finishing
his route quite quickly. Now, at the same time, it was believed that Robin followed his own routine, which involved waking a little later in the morning than David did, often around six thirty am, and beginning his day with prayers in the lounge or you know, living room. Now, this routine would later become a key detail in how both the prosecution and defense tried to reconstruct the sequence
of events. Witness sightings and delivery records placed David on his route during the early hour mornings, and it was generally accepted that he completed the run and returned home at approximately six forty two to six forty five am. Now, this return time became very critical, as it marked the point in which his version of events began to overlap
with the estimated timeframe of the killings. See. At the same time, an analysis of the family's computer showed that it had been switched on sometime within a window between
roughly six point thirty nine and six forty four am. Now, the exact moment could not be pinpointed down with certainty, but this range introduced a key element because depending on when the computer had been activated, it could suggest that it had been turned on before or after David got home, and the computer was where the note was written.
Correct, right, right?
Okay, Now, according to what he told police, shortly after returning home, he made a discovery, you know, with his family being dead, and then made the call to nine one one at seven h nine am, and that alone created a gap of roughly twenty to twenty five minutes between his return home and his call placed to.
Nine one one, which is a long time.
Yeah, So what happened during that period, Well, according to David, that gap in time was spent moving through the house, discovering the bodies of his family members, and attempting to process what he was seeing before finally calling for help. It created a lot of suspicion around David, even though from the beginning he maintained a very consistent account of what he said happened on that morning.
See.
According to him, he returned home again approximately six forty two to six forty five am, and when he arrived he didn't immediately realize anything was wrong in the home, he said. He entered the house as he normally would. He went to his room, where he dropped off his items from his newspaper run, including his delivery bag and other personal belongings. From there, he moved through his routine,
still unaware of what had happened inside the house. David said he then went downstairs to the laundry area to deal with washing up after work, particularly because his hands would often be stained with ink rubbering off from the newspapers. Right, he said, he washed his hands and began organizing laundry, eventually turning on the washing machine, and then after that he returned upstairs and was during this time that he
began to notice things were out of place. See when he got back to his room, he noticed rifle components such as a trigger lock and an ammunition on the floor of his room, which isn't normal. The rifle is usually stored in his room, but these items are typically put away and stored properly with the rifle itself, but it seemed the rifle was gone, so after noticing this, he went into his mother's margaret room, where he found her body and the bloody scene where she was shot
and killed. From there, panic took over. He moved through the house looking and checking on other family members, and as he continued, he discovered each and every one of them, and they were all dead. He described the experience as overwhelming and disorienting, saying that he struggled to process what he was seeing as he moved from room to room, seeing them slumped over, lifeless and pools of their own blood, and David eventually called nine point one emergency services at
seven o nine am. He described his delay as a result of, you know, getting home from work, not noticing right away, then shock, confusion, and the time to grasp a situation. He did not claim to have a precise memory of every single moment that morning, and in some instances even stated that parts of it were unclear to him. I mean, put yourself in his shoes, if you discovered that, right, it would all feel like a nightmare, a blur, something just out of a dream.
Well, and even too, when he first gets home from work, he's just kind of going through motions exactly, you know, like that he's not even going to retain or remember, right.
Maybe he's tiptoeing through the house, assuming his family's still sleeping, which I'm sure they often were.
Yeah.
Now, taken on its own, David's version of events present a sequence that is not impossible a person returning home going through the routine gradually realizing something's wrong, than discovering a series of very traumatic events. It could explain a delay, it could explain fragmented recollection, no problem. In fact, I
would expect that's probably how it would unfold. However, as investigators would soon begin to examine the evidence inside the home, they would start to compare this version of events against what had actually been found at the scene, and one of the first major points of concern was the presence
of blood that they found on David's clothes. When police examined what he had been wearing, they identified blood stains that were later matched to his younger brother, Stephen, and this immediately became very significant because if you remember, Stephen's injuries had shown clear sign of a struggle, and that implication meant that whoever had been in close contact with Stephen during that struggle would likely have transferred blood onto their clothing.
But he's also running around too and checking on his family, so there is potential reason for him to have some blood on him.
You're right, So this at least, at the very least put some in physical proximity with one of the most physical parts of the attack, but it proves nothing now. The laundry area also became a key focus too. Investigators found that the washing machine had been recently used, and David even said he did laundry that morning right. There were, also, however, traces of blood presents present in the area around the
washing machine. Not only that clothing had been washing hung to dry, including items believed to have been worn during the time of the killings. Shit, there were also visible smears of blood in the room, including a partial handprint, which ultimately was identified to belong to David. So this
raised a huge immediate question. If David had only just returned home and was unaware of what happened, how had blood ended up in the laundry, Why were his clothes being washed so soon after the estimated time of the murder. He said he had no idea everyone was dead by the time he was washing his clothes. That happened first, then the discovery of the murders happened second. So theoretically there should be no blood in his clothes or the washing area.
Yeah, no, they're shitting in't at all.
Another important piece of evidence was discovered, and it was a pair of gloves in Stephen's room. These gloves belonged to David and were found in close proximity to where Stephen had been killed, and they were heavily stained with blood, and their location suggested they were present during the struggle that had taken place in the room. It seemed like the attacker had worn the gloves during the shootings and removed them at some point during the confrontation with Stephen.
And I'll talk about a little bit later onto why the gloves were removed, but for now, let's just leave it at that. Then there was an issue with glasses that it also began to draw attention. See a pair of glasses belonging to Margaret, the mother of the family, was found damaged with one lens missing, and that lens was later located in Stephen's room near his body. Now here's the thing. David needed glasses. He was shortsighted with astigmatism, and at the time of the murders his own glasses
were being repaired. He even admitted that he would sometimes borrow his mother's glasses. Now, the Crown would later argue that the glasses had been worn by the attacker. The lens was dislodged during the struggle and that's how it ended up in Stephen's room.
Okay, that does make sense.
In addition to this, investigators also noted injuries on David himself. These included scratches and marks that could be consistent with some form of physical contact or struggle, and while these injuries were not immediately conclusive on their own, they became more significant when considered alongside the other evidence found in the house. And in the days immediately following the murders, investigators continued working under the initial assumption that Robin Baine
may have been responsible for the killings. However, as more evidence was collected and analyzed, that position became increasingly difficult to maintain, and the accumulation of all the physical evidence inside the home began to point away from a clear murder suicide scenario. Questions were raised about whether Robin would have taken the time to change his clothes place him in the wash machine before ending his own life and after killing his family. Now, remember the clothes that were
washed and hung out to dry. They assume it was the same clothes from the murder. Whoever killed had worn those clothes, but they don't know who was wearing those clothes is part of the problem. Okay, whether it was Robin or whether it was David, and they're questioning, did Robin really kill his family then wash his clothes hanging out to dry, and then write a suicide note and kill himself. That doesn't quite really add up. Now, As
these concerns developed, the initial investigation began to shift its direction. David, who had been treated as the sole surviving witness of a family tragedy, was no longer being viewed in that role. Instead, he became a person of interest, and then he became the primary suspect.
David being the primary suspect, though, isn't really a rarity. People that are like closest to you and if there's something bad that happens are often the ones that are looked at first.
For sure, spouse's family members, that sort of thing. So definitely not him being a primary suspect is probably something that would happen right out of the gate.
He had, I mean, the most access to these people out of anyone.
For sure. However, there's evidence that it's actually starting to add up and point towards him that's also making him that primary suspect. True, it is not just a suspect. Oh, because he's family.
It's also there's some shit pointing to you, buddy.
Exactly now. On June twenty fourth, nineteen ninety four, four days after the bodies were discovered, police formally arrested David and charged him with the murders of his family. This marked a complete reversal from the original working theory and set the course work for what would come in the
most controversial crime case in New Zealand's history. When the case went to trial in nineteen ninety five, on May eighth in the High Court at Dunedin, nearly a full year had passed since the death of his family, and the prosecution presented a detailed reconstruction of the events that placed David at the center of these murders. Now, this version of events relied on physical evidence gathered from the house, combined with the timeline established by his paper route and
and return home. Now, while the Crown was not able to present a clear and compelling motive, they at least argued that the sequence of actions itself pointed strongly towards David as the person responsible. According to the prosecution, David woke earlier than he had claimed. He did. It was
some time around five am. They say that he got out of bed before beginning his paper route, but instead of leaving the house immediately to go to his job, they alleged to use that extra time that he had and retrieved the twenty two caliber Semiotic rifle from his room. He unlocked it using the spare key hidden on his desk, and prepared it for use. They further suggested that he wore gloves during the initial stage of the attack, which would explain why gloves belonging to him were later found
in Stephen's room. The Crown's reconstruction of the killings began with the family members who were most vulnerable. They argued that David moved to the house, entering bedrooms where his family members were either asleep or unprepared. Laniette and Margaret were shot in their beds, while Auwa was shot after being disturbed by the noise and attempting to respond. The attack on Stephen, though, was described a bit different based
on the physical evidence found in his room. According to the prosecution, Stephen woke during the initial shot, which either missed or failed to incapacitate him, leading to a physical struggle between him and the attacker. Now, during this struggle, it was alleged that David removed his gloves to deal with the problem with the rifle. Potentially he tried to shoot Stephen, it jammed, thus having him remove his gloves trying to unjam it, giving Stephen an opportunity to lunge
and try and take the gun away or attack Stephen. Okay, However, he failed and ultimately David delivered a fatal shot. Now, following the killings, the prosecution argued that David removed his bloodstained clothes placed them in the washing machine in an attempt to eliminate evidence. They pointed to the blood found in the laundry area and recely washed clothes and the presence of his fingerprints in blood on the machine as
support of this claim. Now, after this, they said, he left the house at approximately five forty five am and carried out his paper route as per normal, using it as a way to establish an alibi. Now, according to this version of events, David then returned home at approximately six forty two a m. At which point he turned on the family computer typed out the message that was later found on the screen. Sorry you were the only
one who deserved to stay. And then the Crown suggested that this message was intended to make it appear as if his father had been the one responsible for the killings, and further removing himself as the murderer. They argued, David waited for Robin, his father, to then wake up and come into the living room, following his usual routine of mourning prayer, and when Robin entered the room and knelt down, the prosecution alleged that David shot him in the head,
killing him. The positioning of the rifle near Robin's body was in his version of events, part of his stage scene design to support the appearance of a murder suicide. And I want you to note remember Robin also didn't live in this house. Often he lived in a van. He slept somewhere else, right, so he would not have heard any of these shots. He would have just come in the home as per usual, started his prayer and that's when he was killed.
Oh okay, okay, that makes sense. It was kind of like what David described as himself. He just wandered back from his paper.
Route and exactly, and finally, the Crown argued that after completing these actions, David then made the emergency call at seven nine am, presenting himself as the surviving family member who just discovered the massacre. Now, despite the lack of clearly defined motive within this claim, the prosecution maintained that the totality the evidence supported this version of events beyond
a reasonable doubt. In contrast to the Crown's reconstruction, the defense presented a very different explanation of what had happened in side the home that day. Rather than attempting to prove exactly how every moment unfolded, the defense focused on creating reasonable doubt within the prosecution's version of events and offering an alternative explanation that could account for the same evidence.
At the center of the defense case was the argument that Robin, not David, had carried out the killing, and this theory relied heavily on Robin's personal circumstances. In a month's leading up to the murder, evidence was presented suggesting that Robin had been struggling both professionally and personally. He'd been living separately from the rest of the family, often staying in a vehicle or something, and there were concerns raised about his mental state, including signs of depression and
increasing disorganization in his work in daily life. The defense also pointed to the broader breakdown of the family structure. The marriage between Robin and Margaret had deteriorated significantly and the house was divided along clear lines. In this context, the defense argued that Robin was isolated, under pressure, and potentially facing situations he felt unable to resolve. This environment, they suggested, could have contributed to a mental state in
which a violent and irrational act became possible. And a key aspect of the defens's theory involved Laniette Bain. It was alleged that she was planning to confront the family, remember they were having that family meeting, and allegedly this was involving serious personal matters, including claims of long term sexual assault involving her father upon herself.
Holy shit. What.
According to this argument, the possibility of these allegations becoming public could have acted as a trigger for Robin, pushing him into his state of crisis.
Gosh, okay, I just imagine though, If that dad didn't do this, his name is just being freakin' drug through the goddamn mud. Yeah, he murdered his family and now he's sexual assaulted his frickin daughter and can't defend himself.
I know, holy shit now. Under this version of events, via the defense, Robin woke that morning, armed himself with the rifle and moved through the house, shooting each member of the family. After carrying out the killings, the defense argued that Robin went to the computer typed out the message found on the screen, which they interpreted as a form of an apology or suicide note or explanation directed
towards David, however you want to say it. But they suggested that Robin then returned to the living room or the lounge and followed his usual routine, knelt to pray, and then shot himself in the head with the twenty two rifle. Throughout the trial, the jury had to weigh both of these stories as it was laid out. They were presented with detailed explanations of blood patterns and the positioning of objects within the home, and the timing of events and the behavior of David both before and after
the killings. And after eighteen days of proceedings, the jury returned with a verdict on May twenty nine, nineteen ninety five, and they found David Bain guilty on all five counts of murder, and then several weeks later, on June twenty first, nineteen ninety five, he was sentenced to life imprisonment with a minimum non parole period of sixteen years.
Huh okay, okay, holy shit, just a sex sixteen years.
Minimum non parole so he could get parole after sixteen years.
Yes, okay. Here I was like, okay, like I feel like he's guilty, and then it just sunk in that the sixteen year thing, because that is very low.
That is very lenient. He did get life, but parole after sixteen years.
Yeah, So the chance of getting out, if on good behavior or whatever, that's too low.
Exactly. Now here's the thing. In many cases we cover, if not majority of the cover or majority of the cases we cover, that's kind of where the story ends. There's things that wrap up. We talk about, you know, family implication on cities or towns, and we kind of wrap up with victims all those sort of things. But however, this story's different. It does not end there. See in the immedia aftermath of the nineteen ninety five conviction, the case appeared to be settled. David was found guilty by
a jury, sentenced to life all these sort of things. However, things changed because this case didn't fade from the public attention after the verdict like many do. Instead, questions began to emerge, first quietly and then more persistently over time. One of the earliest and most influential figures who actually started questioning things was someone by the name of Joe Kuram, who was a former professional rugby player who had transitioned
into business after his career. Now Joe initially became aware of this case through media coverage and small fundraising efforts being carried out by supporters of David. Supporters of David those who believed he was innocent.
Okay, he had some poort out.
There, definitely did, and what began as a limited interest developed into a much deeper involvement. As he reviewed the details of the case, it became convinced that David was wrongfully convicted. Now Joe began visiting David in prison and over time took on more of an active role in
advocating on his behalf. He funded legal efforts, coordinated public campaigns, and worked to bring attention to what he believed were serious flaws in the investigation and the trial, and in nineteen ninety seven he published a book outlining his perspective on the case, even directly challenging the conclusion reached by police and the courts.
Oh, he's really putting himself out there. Were they friends? Sorry? Or did I miss something there?
No, he just kind of learned about the case and took a personal interest in it.
And really believed David was innocent.
Yeah. Now, as Joe's efforts gained traction, the public's opinion began to divide more and more on this story. Some people accepted the verdict and viewed it as, you know, the conviction being something that justified everything, all the evidence that they found, and that's that right, but others began to question whether all relevant information had actually been considered. Now. Ultimately, legal avenues were also pursued in the years following the conviction.
Early appeers were lodged and reviewed, but these were unsuccessful in overturning the verdict. Courts at the time maintained that the original trial had been conducted appropriately and that the evidence supported the jury's decision, but despite these rulings, the
case did not settle. Instead, each failed appeal It added to the growing sense among supporters that the system had not fully addressed the underlying questions, and as the years passed, the case began to undergo a more detailed re examination, driven largely by continued advocacy and independent analysis with renewed legal efforts. And importantly, this was not about introducing entirely new evidence. It was about reinterpreting what had already been
found and questioning how it had been presented. One of the first areas to come under scrutiny was the computer timing. See at the trial, the jury had been given a relatively precise time when the computer was turned on. We've been talking about a window. So this precise time aligned with the crown's reconstruction of events, saying David returned home, here's the time the computer was turned on, and it
was almost factual. However, the later analysis showed that this time was not exact and instead fell in a broader window, which meant it could have been turned on before he even got home, and he created uncertainty around a very key part of the prosecution's timeline. So another issue involved a footprint which was found at the scene. Initially, these were treated as consistent with David's footprint size. They were
in the key areas of the house. But later measurements, however, suggested the size of the print did not match his foot size as closely as previously believed. In fact, they were found to be closer in size to Robin's feet. And these were footprints they believed strongly belonged to the killer because they were in certain areas. That sort of thing blood, you know. Then there was the fingerprint evidence on the rifle that also became more complicated over time.
See during the trial, the jury had been led to understand that the fingerprints on the rifle were in human blood, which strengthened the connection between David and the use of the weapon during the killings. However, subsequent testing raised the possibility that that substance associated with those prints may not have been human blood at all. This did not eliminate the presence of fingerprints, minu but it altered how they could be interpreted. Then there was the issue with the
glasses and the missing lens. It was revisited as well. See at trial, the location of the lens in Stephen's room had been presented in a way that suggested it had been left there during a struggle, just found on
the floor sort of thing. However, later examination of the evidence revealed that the lens had actually been found beneath other items rather than laying in open view, which raised the likelihood that it might have been there prior to the incident ever happening okay, rather than being directly linked to the confrontation. There were also issues raised about handling and preservation of the crime scene, including the fact that the house itself was demolished intentionally by a contractor via
a fire. So they intentionally burnt the house down after the murders because like, you know, their crime scene clean up whatever. Yeah, they burned the house down seventeen days after the murder had occurred. Oh wow, that is a short window of time. And they argued that that fire could have resulted in the loss of some very serious potential evidence.
Yeah. You do hear about when something terrible happens in a home that they you know, they do demolish it. Yeah, but you wouldn't think it would be that quickly.
Yeah. They also argued that other items, such as forensic samples, records, they were also reported to have been lost, mishandled, or not tested in a timely manner, and by the mid two thousands, after years of failed appeals and continued public pressure, David Bain's legal team took the case beyond New Zealand's courts to the Privy Council in London, which at the time served as the highest court of appeal for New Zealand.
The appeal to the Privy Council was built around the series of arguments that focused on the reliability of the original conviction, and after reviewing the case and all the new perspectives on the evidence at hand, while the Council concluded that there had been a substantial miscarriage of justice. Now, the Council's decision did not declare David innocent, nor did
it determine who was responsible for the murders. Instead, it focused on the fairness of the original trial and whether the conviction could be considered safe in light of the issues raised. And so as a result, the Privy Council quashed the convictions, essentially nullifying them, and they ordered a retrial.
Okay, I wasn't expecting that for some reason. Yeah, that is huge, that is huge.
So this decision effectively reset the case, removing the legal weight from the nineteen ninety five verdict. Sorry, and allowed the evidence to be reconsidered by a new jury.
Huh okay, So like, yeah, it has to be like they're taking this very seriously. It has to be a legit new evidence. Well it's not you you, but like you know, okay, there's questions here that don't fully seem answered.
Yeah, so they're going over the same evidence. It's the same trial, but with all the new perspectives. So, for example, the glasses, I'll use the glasses, the lens popping out before it was well, the lens popped out. It was there by Steven's deceased body, and we know David often wore those glasses. He even admitted. So therefore, during the struggle the lens probably popped out, fell on the floor. But now it's like, well, whoa that that can't be
true because you forgot to say the lens was popped out. Yes, but it was also For argument's sake, I'm going to make up a spot. It was found under a pile of clothes in the right hand corner of the room, which means it was likely not part of the struggle.
Yeah, it had been there previously, yeah.
So all these perspectives that they used to paint a certain picture were all incorrect perspectives. So now they're going back and looking at the same evidence with the best perspective they can, you know, which.
Is very interesting because sometimes it just seems like something is so obvious, right, so then you're like, no, like this is who did it? And then you don't really necessarily look at things with an open mind, thinking that there is another possibility.
Exactly and it's same thing. Well, the computer was turned on at this exact time, so that says David would have been home, he could have turned the computer on and wrote it. Yeah, And you look at all these things and it paints a picture, But as soon as all these things are different, it paints a complete different picture. Sure that computer wasn't turned on at that exact time, there was a larger window. Could have been turned on before he got home, could have been turned on after,
we don't know, But all of a sudden, the picture changes. Now. The retrial began in two thousand and nine, nearly fifteen years after the murders, and it represented a complete re examination of that same question of who killed the Baine family. Although much of the physical evidence remained the same, the way it was presented and interpreted had changed significantly. The defense entered the retrial with a far more developed strategy, focusing on the weakness that had been identified in the
Crown's case. Rather than simply offering an alternative theory, they worked to show that the original investigation had contained flaws, the key evidence was uncertain, and that conclusions presented in nineteen ninety five were overstated the Crown. They maintained that the overall pattern of the evidence still pointed to David.
They presented a similar reconstruction of the events, argued that the combination of blood evidence, the washing machine activity, the gloves, the timeline continued to support the conclusion that David had
carried out the killings. However, unlike the first trial, they were now required to address the criticisms that had emerged over the years, including the uncertainties surrounding forensic findings and handling of the evidence, and after months of proceedings, the case was finally handed over to the jury and on June fifth, two thousand and nine, the jury returned with a verdict. For the second time. David Bain was found
not guilty on all five counts of murder Damm. With that decision, David was acquitted and released, having spent approximately thirteen years in prison following his original conviction. Now legally, the verdict meant that David was no longer considered guilty of the murders. The outcome of the retrial did not bring a clear resolution in a broader sense. Public opinion remained very divided, and the question of what had actually happened inside the home that day continued to be debated.
David attempted to rebuild his life in the wake of it all, but he faced challenges that are obviously very common for individuals leaving long term imprisonment, including difficulty finding employment and adjusting to life outside the prison system. The high profile nature of the case also made things more complicated, as he was widely recognized and associated with the events of the nineteen ninety four murder regardless of the court's
decision now. Over time, he entered a relationship, he married, and began to establish a more stable personal life, but the case it remained a constant presence in how he was perceived now. One of the most significant developments in the aftermath was David's application for compensation from the New Zealand's government for wrongful imprisonment. However, he needed to demonstrate that he was factually innocent and that exceptional circumstances justified compensation.
So he was applying to get compensation for years behind bars. He was proven not guilty, but he needs to now prove innocence to get.
Money huh okay.
And to assess his claim, the government commissioned a report from a retired Canadian judge who reviewed the case and concluded that David did in fact meet the criteria for compensation, meaning this judge found David legally innocent. However, his conclusion was not accepted without challenge. A second review was conducted by another retired judge who reached a different conclusion, finding that David had not established his innocence to the required standards,
meaning this judge believed David was not legally innocent. Now. Ultimately, the government decided not to make a definitive finding on his innocence, and instead a settlement of nine hundred and twenty five thousand New Zealand dollars was reached without formally declaring that he was wrongfully convicted. Now that sum is the equivalent of about roughly five hundred and sixty thousand US dollars or about seven hundred and sixty thousand Canadian dollars, which is.
A fair penny. That's a lot of money.
Now. From the beginning, there had only ever been two possible explanations for this story. Either David Bain had killed his family or Robin Bain had killed his family. Unlike many criminal cases, there was no unknown suspect or third party to consider, or a break in inner scenario. Nothing like that. The entire case existed within the walls of a single household, and every piece of evidence had to
be interpreted through that lens. For those who believe David was responsible, the argument offered often centered on physical evidence found inside the home. The blood and his clothing, the activity in the laundry room and the presence of his gloves in Stephen's room, and the timeline of his movements
were seen as too significant to dismiss. For others, the focus was on the weakness of the investigation and the uncertainties that had emerged over time, the reevaluation of forensic evidence, the inconsistencies and how certain details had been presented at trial, and the material related to Robin Bain's mental state all contributed to the view that the original conviction could not
be relied upon. In the end, though, what is left is a case where five people were killed inside their own home and the responsibility for those deaths has never been established. And that's the story of the Bain family massacre.
Damn, I thought you were going to bring up Okay, I don't even know what to think. I thought you were going to bring up oh, and actually it could actually have been the oldest sister who did all this or something. And I'm just like, holy shit, my brain is just like scrambled eggs because I don't even know what to think.
Everyone else in the house had been shot by someone else. David survived, so he wasn't shot, So he is a possible shooter. Correct, Robin either was shot or had shot himself. Can they so those are the only two possible people who could have killed anyone?
Can they legitimately not tell for sure if he killed himself or not?
I guess not. And that's the thing, mishandling, mishandling of evidence and everything too. Right, did they actually do the proper reconstruction of if he had the angle of the rifle in his own mouth, and the projectile came out this way and the blood splatter that way. I don't know now. Also, this is actually something I didn't consider until just this moment, being a twenty two when he shot himself, did it enter his skull and did it
have an exit wound? Because if it did not have an exit wound, good luck trying to prove trajectory or anything, right, I guess you kind of need an exit wom to do that. So if he shot himself in the head with the twenty two and it did not leave his skull, you kind of fuckied to try and prove otherwise.
But then I do remember at one point to you saying that David was closer with his mom, Margaret. So that doesn't So, sitting here listening to all this, it doesn't super make sense that the dad would put this letter on the computer saying that that son needs to you know, was chosen to live.
It doesn't mean that there's not other circumstances, other reasons. Sure, maybe he was on his mom's side a little bit, but maybe the dad had always favored David, or maybe the dad saw David as how he's working and living at home, maybe trying to provide or do something with his life as far as music. Who knows. Maybe he aspired for his son to do better something and he saw that above his other kids. I don't know. It's all purely speculative, I guess.
And either way, like it's such a piss off that this isn't solved, I know, because it should be solved. It seems like it should be an easier case to solve.
Should be. Yeah, you have two potential people, literally that cannot be anyone else. Two people that's it, and we can't figure out which one.
Mmm. I feel like I'm kind of leaning towards one.
Way, but I'm leaning towards David. I think David is.
Responsible well, but it's also like frick, he's out and about you want to say.
That, you know, I like, yeah, I like how you were really reluctant to say your opinion. You like, I believe someone did it. One of these two individuals is responsible, that's all I know.
Yeah, I don't know, it's I guess it's harder for me to believe that the dad did it than it is David. But there is still you know, a little bit of wiggle room in there.
Well, that's the thing, because you're arguing, well, is why would the dad, you know, write this note? And David like, Okay, what's David's motives? We have that for the father, we don't have it for David. The dad could have been very depressed. He was on the outside of his family. He was seeing all this go on, the tensions rising. He has an mo or motive. I guess m o is a little different. He has a motive.
Yeah, But what would David's motive be?
We don't know.
Well, I mean, I think there was a lot of shit going inside that house that we don't know too. Write. You never know what's going on behind closed doors in a family's home.
What if the sister's accusation this is what if Devil's advocate here? What if the sister's accusations of sexual assault are true? What if David was also sexually abused or assaulted? What if the sister bringing it up made David realize that the father had done it to other people too in the home, and he snapped. He's realizes it wasn't just me.
I don't think that would that would make him kill everyone. I could see that making him kill his dad.
Touche right, Yeah that's true.
Okay, what it is hard to believe the reasoning I guess now that I'm thinking about this, why David will kill his whole family? Yeah, his siblings.
But so many people just go kill their whole not so many. There's so many stories out there where people just kill their whole family for whatever reason.
Yeah. Well generally there it's you know, they're struggling mentally and stuff. So I don't know if David was struggling mentally. Maybe it was that never really came up in.
This at all. So maybe it was money. Maybe he was hoping to get you know, inheritance payout or something.
It could be as simple as that.
Yeah, it could be, but we don't know. But curious is what you guys think? Shoot us a message. I want to know. Can we solve this quote unquote murder mystery that is actually a real life scenario. I mean, it is still a murder mystery because it is a murder and it is a mystery.
It's an awful story.
So do you think it was David or do you think it was Robin? Let us know. Maybe we'll put up a poll on our Instagram today or something and see what you got things.
Oh yeah, that would be very interesting, wouldn't it.
It would be so check out our Instagram if you want to join that poll, we'll put out a little pole and you can let us know if you want to let us know via a message or anything. All the links are in the description of this podcast. We're an independent podcast, written, researched, host and all of it all on our own, with you guys here to support us, and it means the world. So thank you very much for being here, and until next time, stay wicked b
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