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New Allegations Vs The Facts
As the debate continues in the media from those fighting to free David Bain and those convinced the right man is behind bars, many allegations have been made. This page presents the allegations versus the facts as known at this time.
Allegation: Dean Cottle alleged he was not served with a subpoena and had never met or seen private investigator Wayne Idour (who said he had served the documents), until 26 May 1995.
Fact: Cottle attend the court office to answer the arrest warrant. Why would he if someone had not informed him of its existence?

Allegation: Jurors were not told of the incest allegation between Robin and Laniet.
Fact: Due to the danger of hearsay evidence, and after Cottle was questioned by Justice Williamson and both Defence and Crown counsel, the judge ruled against its admission.

Allegation: The rifle police used to test whether Robin could have shot himself was different to that in the actual killing.
Fact: A rifle similar in length was used in the reconstruction at the house on June 29. The Bain rifle was unavailable.

Allegation: Robin had six abrasions on his hands, which could have occurred during a fight with Stephen.
Fact: Robin had been replacing spouting at the family home over three weeks leading up to his death. There were no other abrasions found other than to his hands.

Allegation: There was so much dust on the spectacles lens found in Stephen's room that it had to have been lying there prior to the killings.
Fact: The house was dirty and unkempt. Police located the lens on the Thursday evening following the murders, during an intense investigation where dust would have had the opportunity to settle on the lens before its discovery.

Allegation: Robin did not want to return from Papua New Guinea when they did.
Fact: Robin decided to return home due to his knowledge that if he did not come back soon, he would not qualify for Government Superannuation.

Allegation: Robin was severely financially humiliated by his wife and was living a degrading and debased life.
Fact: Robin's entire life never indicated a desire for material possessions. During the week he resided at the schoolhouse at Tairie Beach with a flatmate and Laniet, in the weekends in a caravan at the family residence, due to his estranged marital relationship.

Allegation: The impending disgrace of Laniet's accusations that weekend was horrifying in itself.
Fact: There is no evidence such accusations were made on the Sunday evening. However it was established Laniet had not given birth to a baby when she was 11 years old as was alleged. Nor had she any scars from attempting suicide by slashing her wrists. When she left home she had her own flat but chose to live with her father.

Next related article: Forward to Alternative murder/suicide theoryAlternative murder/suicide theory
Prev related article: Back to The court decisionThe court decision

Back to The David Bain Case Index
 

Allegations made after the trial and the facts as known at this time.

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