http://www.stuff.co.nz/the-press/news/2307272/No-gunshot-residue-found-on-Robin-Bain
https://www.odt.co.nz/news/dunedin/forensic-scientist-couldnt-find-gunshot-residue
Hang on, hang on, hang on...
Justice Binnie covers GSR under the heading:
CHAPTER XVI:FAILURE TO TAKE PROPER STEPS TO INVESTIGATE INFORMATION ACTUALLY POSSESSED BY THE POLICE IN JUNE 1994 REGARDING THE POSSIBILITY OF DAVID BAIN’S INNOCENCE(iii) Failure to test both Robin’s body and David promptly for firearm discharge residue542. It is absolutely basic Police work in a firearms case, as laid out in the Detectives Manual
to preserve and test samples from a suspect’s hands and clothing for firearms discharge residue
(FDR). This will indicate if a person has recently fired a firearm. As explained in the Joint
Police/Police Complaints Authority Report (1997), the test involves “checking suspects for
discharge residue blown back on to [mainly] the hand which held the weapon. It is to be
expected in ideal conditions that minute particles could still be found on a live and active person
up to two/three hours after shooting occurred – provided the firer has not washed since. On a
dead body, the dust could remain much longer because it is only lost through movement.” (para
134)
543. The Police say they did not test David Bain the morning of 20 June because he said he
washed his hands to remove newsprint ink. This is curious. It must be rare for the Police not
to do a test because the individual concerned assures them that nothing of interest to the
prosecution will be found.
544. If the test had been done quickly on David and proved negative, it might have been of
assistance to establish his innocence. On the other hand, if FDR were found on Robin’s hands,
it would be an important indicator of suicide and would have been of great importance to the
defence. On the prosecution theory there would be no FDR on Robin’s hands.
545. Det. Sr Sgt Doyle was asked why Police had not checked David’s hands for firearms
residue after locating him in his room at 65 Every Street. He suggested it would have been
“insensitive” to do the test as David was then considered a victim.296 Yet by 11.00 am or so,
David Bain was at the Police station being strip searched and tested for FDR by Dr Pryde, who
found nothing positive.
546. Although Robin’s body had been properly wrapped in plastic when removed to the
mortuary, his hands were not separately bagged as required by the Detective Manual and the
296 Det. Sgt Doyle explains:
A. Exactly. Also – like as far as the Police were concerned, that morning David Bain was a victim of coming home
and finding this situation. I cannot in my own mind even imagine a Police officer with any sensitivity suddenly
going to him and saying, hey listen David we want to test your hands for firearm discharge residue within three
hours of us arriving at the house and not knowing the full facts. It’s just no possible.
Q. He was subjected to very invasive tests of the body wasn’t he? Swabs taken?
A. He was examined by a doctor.
Q. When was that done?
A. Later that day.
Q. It involves strip searching, swabs of intimate body parts, doesn’t it?
A. There are a number of tests, yes, all of those included.
Q. All of those are done?
A. Yes. (Emphasis added) (Retrial pages 146-50)
- 165 -
plastic sheeting (which might have collected any residue shaken loose in transit) was thrown
away. The Joint Police/Police Complaints Authority Report (1997) was critical of this
investigative failure:
“Again, with the benefit of hindsight, we find that earlier consideration
should have been given to preserving Robin’s hands and clothing for
firearm residue testing. At the very least his hands and lower arms
should have been enclosed in plastic/paper bags at the earlier
opportunity. Those containers should have been subsequently
examined for residue as should the upper outer clothing of David and
Robin. (para 142)
547. I do not accept that this was only clear “with the benefit of hindsight.” The procedure
was specifically laid down in the Detective Manual. Det. Sr Sgt Doyle accepted that this breach
of standard procedure was a Police responsibility.
A. Yes, yes, Detective Lodge. Detective Lodge had that
responsibility and he’s an experienced detective, he should
have, he should have done that.297
Comment: the Bain complaint is justified. Firearms Discharge Residue was perhaps David Bain’s
best hope of establishing Robin to be the murderer. Of course, the presence of FDR on David
might have been similarly helpful to the prosecution. The Crown Law Office says it is impossible
to say what the results of such tests would have been. This is true,
but it was the failure of the
Police to do such basic tests in breach of the Detective Manual that created this unsatisfactory
situation.