Bain trial: Untested blood could have proved vital, court told

Mr Hentschel said the length of David Bain's socks were measured at 270mm and sockprints in the house were 280mm. Photo / Pool

A retired forensic scientist has agreed that material never sent to him for testing could have proven important in the investigation into the death of David Bain's family.

Peter Hentschel, who worked for the ESR in June, 1994, and helped police in their examinations of the Bain family home, told the High Court that he spent four days in the house doing examinations, but did not control which items were sent to the ESR by police for testing.

David Bain, 37, is on trial for shooting dead his parents and three siblings, but the defence team say his father Robin Bain shot the rest of the family and then himself.

Bain's lawyer, Michael Reed QC, read to Mr Hentschel a list of items from the Bain house, including some with blood spots, and confirmed with him they were never sent to the ESR for testing, and later destroyed.

Mr Hentschel said: "I don't have control over the items that are forwarded to the ESR."

Asked if blood spots that were never tested, and later destroyed, could have been important, Mr Hentschel agreed they could have been.

Mr Reed put to him that it was important to know whose blood was left on various bedding items in the bedroom of David's sister, Laniet, where she was killed. Mr Hentschel said: "Yes, it could be important".

Mr Reed: "But we now can never know?"

Mr Hentschel: "That's correct".

Mr Hentschel found bloody sockprints in the house using luminol - a chemical that creates a glow when reacting with blood in the dark.

The prints are considered important as to who the killer was. Bain's defence team say the size of the prints mean they had to be from Robin Bain, and therefore David could not have been the killer.

Asked why the areas of carpet with the prints were not kept, and saved from a fire in the house about two weeks later, Mr Hentschel said: "They could have been retained, yes".

Mr Hentschel agreed the prints could have been kept and re-examined with luminol, though the information would not be as good as the first examination.

He measured the complete bloody sockprints at 280mm long. He said he was not aware of a measurement of Robin's foot in the mortuary at 270mm.

"I have always felt the foot that left that print was larger than 280mm."

Mr Reed put it to Mr Hentschel the foot that left the bloody sockprints could not have been bigger than 280mm, but could only be smaller, and tests would show this.

Mr Hentschel: "If they show that, then I would be wrong".

Mr Hentschel said he measured socks belonging to Robin at 240mm, and those from David at 270mm, but agreed with Mr Reed that the sock measurements on their own were "not useful for comparison purposes".