The story of David Bain, accused of murdering his family in Every St, Dunedin, and his defence mounted over 11 months by his lawyer, Mike Guest. ‘Innocent until...June 20 1994’. Excerpt of press reports and footage taken at the time of the murder, and Bain’s subsequent arrest.. Interview with Michael Guest, Bain’s lawyer, about the initial contact with Bain. Guest on the way the arrest of Bain was reported by the TV news, before the trial had even taken place. The process by which the documentary was made, with filming taking place throughout the trial, is described. Journalist Adam Baddock was the cameraman, sound recordist and interviewer. Bain talking to his assistant Janelle Williams about the evidence and allegations, in order to bring the circumstantial police evidence into question.
Guest must go through all police files, reports and photos, and a video of the murder scene. Police activity at the house. Street scene outside police station as container load of evidence drives in. Guest on the problems facing the defence in getting access to experts. Interview with Peter Williams, Queens Counsel on the ‘David and Goliath’ problem for Bain mounting a defence against all the resources being used by the police. American news footage of the OJ Simpson case unfolding simultaneously, footage of the 5 lawyers Simpson was able to use. Guest on fighting for resources for the case. Interview with Kevin Dunn, barrister, on the hopeless odds facing Bain and his lawyer.
Peter Williams on the problem with lawyers becoming detectives because of lack of resources. Bain defence team packing up for their trip to Auckland to gather evidence. They meet a fingerprint expert at Auckland Airport, and discuss bloodstains, and the three lots of fingerprints in the case. Guest and his assistant drive to meet Peter Williams, and discuss the evidence on the way. Street scenes of Auckland. Peter William’s house, Williams and Guest and assistant discuss the evidence. Guest on his plan to get luminol testing for bloodstains discounted in court. Auckland Airport, Guest and assistant board plane for Melbourne. Street scenes of Melbourne. Guest and assistant in the office of Professor Paul Mullen, at Monash University, on the tactics for not putting forward insanity as a defence. Guest and Janelle Williams in office of Associate Professor Ransom at Monash University, a pathologist, on tactic for demonstrating that Bain’s father Robin is likely to have committed suicide and then killed the rest of the family. Guest on the way that no-one knows whether Bain committed the murder, and the importance of objectivity.
Barbara Guest on Bain’s trial by the media. Back in Dunedin, Guest’s office and his team going through the evidence so far, and their tactic to make it look like the father was responsible. Guest reading a statement by witness, stating that the father was committing incest. Dunedin street scenes. Guest at home, 10 days before the trial, discussing new evidence by the pathologist, changing the Crown’s story . Guest in office with a private detective and a new witness, unable to be shown, and the fact that Robin was agitated about his relationship with his daughter. Guest on information from police, which was slow to come through. Guest playing the tape of David Bain111 call, and the team discuss his agitation. Guest working in his office with conflicting cases. He talks to a gun expert, Rory Shanahan on the phone, who says it could be a suicide. Guest in Auckland talking to Shanahan, about the gun involvement in the case. They hold the gun, and discuss positions. Guest in office, a recap of the evidence and the experts involved, and new information found in police evidence by Janelle Williams, and the problems on the late serving of evidence, as the police have found two of David’s shoes, bloodstained; and it is too late to investigate. Guest recalls he remembers a way to get this late evidence ruled out, and tries to get hold of the relevant documentation.
The day of the trial, press reports. Guest makes his way to the court, before waiting for the documentation to be faxed through. Guest, in gown and wig, about how the first day went. Interview with Kevin Dunn about the tactics of a trial. Interview with Richard Mahoney, Lecturer in Evidential Law, about how the trial is like a game. Guest on the aim of the judicial system, and whether truth or the rules of the system takes precedence in the trial.
Day two of the trial - lawyers arrive at court. Guest’s team in office, collecting information coming through as the trial is in progress. Guest puts on wig. Interview with James MacNeish, Guardian Newspaper Correspondent on the unusualness of the case. INterview with Richard Mahoney on the circumstantial evidence in the case. Interior of courthouse. Guest on the way the trial proceeds, and that the defence is denied an opportunity to speak early in the case.
Day three, police doctor in car leaving court. Guest on the doctor’s evidence, about the matter of a piece of skin, and the report on the evidence by Ransome. Police armourer with gun. Photographs of case and police diagrams.
Day Four: fingerprint expert arrives in court. Television news report playing in cafe. Interview with Richard Mahoney outside the courtroom on the development of the case after the fingerprint expert was cross-examined. Guest in office on the positive outcome for the defence, after it was conceded by the court that the bloody fingerprints on the gun could have been put there by Bain shifting the rifle (as opposed to him firing the gun). Richard Mahoney on the revelation in the court about Bain’s hand print on the washing machine, and the possibility of the luminol used for tests reacting with bleach or detergent and giving a false impression.
Day eight: Guest discussing the possibilty of what the police pathologist will report.Janelle Williams on the impressions of the defence pathologist: that the findings are consistent with Robin Bain firing the gun. Janelle and Guest go through the likely scenario. Guest on the blood found on David Bain’s clothing. Guest goes through photographs.
Day nine: Dempster, the police pathologist arrives. Sequence from the video taken in the house. Mr. Dempster says it is not suicide. Guest on the implications for the case. Richard Mahoney on the implications. Guest in his office, with his wife. Photographs of evidence. Guest arrives at court with his wife and Janelle. TV One news report of Guests demonstration of the gun position in court. Guest on Mrs. Laney’s new evidence, which places him outside the property at the time of the murder.
Day ten: Friends and relatives arrive at court. Guest on their evidence. David Bain with policeman outside the courtroom. Barbara Guest on her impression of David Bain.
Day eleven: Barbara Guest and Janelle Williams on Bain. Williams and Guest prepare for court. Richard Mahoney on father’s motive. Guest on the guilt of Robin Bain. Guest on evidence from witnesses, one of which did not turn up for the trial. Day
twelve: Courthouse - judge reserves decision.
Day thirteen: Judge in courthouse. Guest with paperwork, crowd outside courtroom. Day thirteen: crowd outside the courtroom, as Bain takes the stand. Interview with James MacNeish on his impressions of Bain, and how he communicated with the court and jury. Guest at the end of the day, on his impressions of Bain’s evidence, and the possible dysfunction wiithin the family. Day Fourteen: Guest on the phone. He is interviewed about the missing witness, which makes his scheduled line of attack impossible. Guest on raising the alternative theory about Robin Bain, which he did not have enough evidence to present, because of the missing witness. The trial ends. The closing appeal is discussed by Guest and Williams. Suddenly, the missing witnesses’s father calls Guest. Guest on the possibilities of using the witness even though the trial is formally over.
The final day: Guest and Williams arrive at court, and crown prosecutor. James MacNeish on the virtuoso performance of the crown prosecutor presenting his argument. Richard Mahoney on the same performance. Missing witness turms up, and is escorted by police to court. Guest on his experience wondering whether the witness could be used. James MacNeish on Guest’s performance. Guest and Williams waiting for the final judgement. Guest on his doubts on the judicial system. Richard Mahoney on the judicial system. The Guests waiting in a bar. Guest and Williams prepare for the final judgement, and read out what the jury would like to hear again before a decision is made. Jury go into a cafe for a meal. Guest on the timing of the jury, and the length of time they are taking to decide. Guest on the the way that Bain reacted to the judgement that he is guilty, and his disappointment at the verdict. One year later: Guest and Wallace are interviewed outside the courtroom. James MacNeish on the strangeness of the case. Guest says he does not know whether Bain is guilty or not. Peter Williams on the case. Richard Mahoney on the case. Guest and Williams on Bain’s protestations of innocence.