89. The killer–whether it was David or Robin–arose early in the morning of Monday, 20 June 1994. He put on a green loose weave V-necked sweater. He took from the wardrobe in David’s room a .22 calibre Winchester semi-automatic rifle fitted with a silencer. He released the trigger lock with a spare key that was usually kept in a jar on the desk. He took a supply of ammunition from the same wardrobe.

90. It is common ground that David Bain, who was the sole survivor, did his regular paper route for the Otago Daily Times in the early morning of June 20. He left the house at about 5.45 am and returned about an hour later within a few minutes (before or after is very much in issue) of the computer being turned on.

91. For reasons unknown, but which in the view of the prosecution were in any event irrelevant, the killer fatally shot in an unknown order, Margaret, the two daughters and Stephen. There was a violent struggle with Stephen, who was in part strangled with a T-shirt. Stephen died from three bullets to his head fired at close quarters.

92. The killer’s person and clothing (particularly the green V-necked sweater) became heavily stained with blood. Whoever he was, the killer washed up to some extent, leaving marks in the bathroom (which included the washing machine). Blood stained clothing together with other family laundry was put in a laundry hamper, was emptied into the washing machine, and started on a wash cycle. The load included the green V-neck sweater, trousers and some socks. Sometime between roughly 6.40 and 6.46 am (the timing is controversial), the killer went to the lounge on the main floor and switched on the family computer located in an alcove partially concealed by a curtain. Either then or at some later time he typed in the message ‘SORRY, YOU ARE THE ONLY ONE WHO DESERVED TO STAY’.

93. Sometime after the initial murders of four family members, Robin was killed in the lounge by a shot to the head with the murder weapon in contact or near contact with his left temple.

94. At about 7.10 am, David called the emergency services to report that his family was dead. When the Police and ambulance personnel arrived shortly after 7.20 am, Robin’s body was still warm to the touch. The other bodies were also somewhat warm, but less warm than Robin’s.