Because of the complete lack of forensic or circumstantial evidence of any real value linking Robin Bain to the murders at Every street, the defenders of David Bain were forced to seek desperate measures to secure a not guilty verdict for David Bain One particular item that Joe Karam and the defense seized upon in their desperate ploy were the numerous blood specks found on Robin Bain's clothes and person. This course of action was implemented because if any of these specks of blood had proven to be from his dead family members it would have instantly linked Robin to their murders.
Joe Karam recognized this possible opportunity to link Robin to the murders and free David Bain and he wrote about it in his 1997 book David and Goliath. On page 203 Karam says [Quote] "I have no doubt that if the blood staining on Robin's clothing had been analysed for blood grouping, it would have been found to be the blood of deceased members of his family [end Quote]. Unfortunatly for Karam after he made that statement in his book, the blood on Robin Bain's clothes was tested, and forensic scientist Dr Sally-Ann Harbison said of the more than 40 samples taken from Robin Bain's bloodstained clothing the only full results were of Robin's DNA.
One rather disturbing aspect of this result is that this presumption of Karam's that was proved to be without foundation was not cut from the reprint of David and Goliath in 2007.
At the second trial in 2009 however no suggestion or attempt by the defence to link the blood on Robin's clothes to his murdered family was made. Having lost that avenue of attack, the defence decided to concentrate upon the miniscule specks of blood that were found on Robin's hands. This was a two pronged atack, firstly they had to invent a story to explain this lack of victims blood on Robin's clothes. The unlikely story put forward by Micheal Reed for the defence was that Robin, after completing the killings went down stairs to the laundry and deposited his blood drenched clothes in the washing basket “ later to be washed by David”, Robin then put on clean clothes to meet his maker.
This rids for the defence problems with the lack of blood evidence on Robin's clothing, and allows them to concentrate on the specks of blood on Robins hands.
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Laws Karam radio debate
Joe Karam on the radio debate makes much mileage in talking about the smearing of the blood on Robin's hands. He also says there is blood under Robin's fingernails. This is just another presumption by Joe Karam, because forensic scientist Mr. Henstchel said in one of his statements that it was a red substance, not that it was blood, and that there was insufficent quantity to be able to be tested.
Mark Lodge and Mr. Henstchel on the blood evidence
The blood evidence from Robin's hands gathered by Detective Mark Lodge and forensic scientist Mr. Henstchel is as follows.
31 October 2000
Minister of Justice
APPLICATION FOR ROYAL PREROGATIVE OF MERCY:
DAVID CULLEN BAIN
Section 4.4 - Failure to preserve and analyze blood found on Robin Bain’s hand
112. The petitioner alleges that the Police and ESR failed to analyze blood stains on Robin’s hands and possibly under his fingernails. He claims that, had this been done, it may have indicated that the blood was from other family members, and that Robin had been involved in the killings.
113. As noted above, at trial defense counsel cross examined Dr Dempster on the identity of the blood on Robin’s hands, and drew the admission that the blood stain on the left index fingernail had never been analyzed. However, ESR case notes (taken by Mr Hentschel) indicate other samples from Robin’s hands, including swabs taken from Robin’s left little finger, and the base of his thumb, and scrapings from under his fingernails revealed insufficient blood for grouping to be made.
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So the conclusion that one should draw from the above information is that the blood on Robin’s hands was miniscule, as Mr. Hentschel stated “there was insufficient blood for grouping to be made”.
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Photos below.