Important evidence lost in fire, Bain trial told

David Bain's family home burnt down about two weeks after his parents and three siblings were found dead. File photo / NZ Listener

The police investigator in charge of the "crime scene" where five members of the Bain family were found dead has agreed that important evidence was lost when the Bain home burnt down about two weeks after the deaths.

Milton Weir, then a detective sergeant, also told the High Court in Christchurch today that it was fair to say he was disappointed at the number of people that had gone through the Bain family home on the day of the killings, June 20, 1994.

David Bain, 37, is accused of shooting dead his family with his .22 rifle, but the defence say his father Robin killed four members of his family before turning the rifle on himself.

Mr Weir, who said he initially viewed the deaths as a murder-suicide, was asked by defence lawyer, Michael Reed QC, about five bloody footprints found in the house after the bodies were found. He agreed this was important evidence.

"The footprints we found, there is a very good chance they were made by the killer, yes. But there could be other explanations for them," he said.

He agreed with Mr Reed that he was present when ESR scientist Peter Hentschel conducted luminol testing to observe the footprints.

But he said the areas of carpet with the bloody footprints where found were not removed before the house was burnt down. Other areas of carpet in the house had been.

"I believe if (Peter Hentschel) had considered it necessary, he would have advised me to cut the carpet out. He didn't. I never knew the house was going to be burnt down."

"We don't have the pieces of carpet, I accept that."

Two of the biggest bloody footprints were measured at 280mm. Socks belonging to both David and Robin Bain were later measured as comparisons.

Asked if the only photographs taken of the sockprints were of poor quality and "useless", Mr Weir said: "They were useless".

Mr Reed asked if Robin's foot was measured at 270mm in the mortuary, to which Mr Weir responded: "If you say so. I certainly wasn't there".