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Home / New Zealand

Brother's DNA found on David Bain's clothes, court told

By Jarrod Booker
NZ Herald·
1 May, 2009 12:53 AM4 mins to read

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Blood was found on David Bain's shorts, socks and a white shirt. Photo / Pool

Blood was found on David Bain's shorts, socks and a white shirt. Photo / Pool

Blood stains on clothing David Bain wore the day his family were killed contained the DNA of his brother Stephen, a court has heard.

ESR (Environmental Science and Research)forensic scientist Sally-Ann Harbison today gave evidence of finding the DNA of Stephen Bain, 14, on David's white t-shirt, black shorts and
socks.

The prosecution say David Bain was involved in a violent struggle with Stephen before shooting him dead in his bedroom.

Bain, 37, is on trial for the murder of Stephen, his two sisters, and his parents, in their Dunedin home on June 20, 1994. His defence team say his father Robin shot dead the family before turning the rifle on himself.

The court has previously heard that David initially told police he did not go into the bedrooms of his siblings after they had been killed.

Dr Harbison said various police "exhibits" from the Bain case were provided to her and her colleague and were tested in 1997 and 2003.

She was able to establish DNA profiles for all of the Bain family members from blood samples taken. These could then be compared to any DNA profiles obtained from staining on items such as clothing and the rifle used in the killings.

Dr Harbison said she was able to establish a full DNA profile for Stephen Bain on one of David's socks, the crotch of David's black rugby shorts, and David's white t-shirt.

On blood-stained clothing worn by Robin Bain, Dr Harbison was able to establish full DNA profiles for Robin.

Stephen's DNA was also found on curtains between the lounge, where Robin's body was found, and the adjoining computer alcove.

A full DNA profile for Stephen was also found on the rifle used in the killings, and found next to Robin's body.

The court has previously heard that David and Stephen would both use the rifle for rabbit shooting.

ESR forensic scientist Douglas Elliot earlier told the High Court of detecting blood on clothing that David Bain wore on the day his family were shot dead.

Dr Elliot told the court today he was given police "exhibits" from the Bain murder case to examine in 1997 and 2003, including clothing, and the rifle used to kill the five Bain family members.

Blood was detected on clothing worn by David Bain, his father Robin, and probable blood was found on the rifle, Dr Elliot said.

Dr Elliot said the exhibits were first visually tested for blood, and then with chemicals that could indicate the presence of blood. Samples were taken where blood was likely to be present, for DNA testing.

His testing found blood staining on the front and back of the white shirt David Bain wore on the day of the killings. The blood smearing on this shirt could have been from contact with a bloodied object, Dr Elliot said.

David's black shorts had a blood stain in the crotch area. Cycle shorts David wore had a small blood stain on the bottom of the left leg.

His underpants and running shoes did not have any signs of blood.

A green jersey and a red sweatshirt, which had been washed and were in the laundry of the Bain home, had no blood.

The prosecution say David washed some bloodied clothing after committing the murders.

Dr Elliot said blood was found on items of clothing Robin had been wearing, including blood that appeared to have come from a "downward spray".

No blood was found on Robin's socks or shoes. This is considered important because bloody sockprints were found in the Bain house after the killings, and considered likely to be left by the killer. The court has already heard that blood was found on David's socks.

Dr Elliot examined the .22 rifle found next to Robin's body, and said probable blood was detected in the rifle groove, on the rifle strap and base of the strap.

A chemical test for blood was positive in other areas on the rifle, such as the barrel, the forearm, and the silencer.

Fourteen samples were taken from the rifle for DNA analysis.

A green towel from the Bains' laundry had extensive blood staining, some of which appeared to be diluted. A red towel or bathmat had brown staining that may have been blood. Another bathmat had blood over much of the surface. The blood may have been applied when this bathmat was wet.

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