PCA Report paragraphs 133-139. Title from David and Goliath p36.

133. This is a matter where Mr Karam sees failings which he believes worked against David Bain. He contends that if action had been taken speedily and efficiently it would have been established David had not fired the murder weapon.

134. Tests can be made to determine if a person has recently fired a firearm. It mainly involves checking suspects for discharge residue blown back on to [mainly] the hand[s] which held the weapon. It is to be expected in ideal conditions that minut~ particles could still be found ona 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.

135. Swabs taken from David at 11.30am on 20 June resulted in no firearm discharge residue being detected, but he had washed before the test was administered. [There was no blood on his hands yet he had left bloody fingerprints on the rifle and palmprint on the washing machine so it can be presumed he had washed or wiped his hands to some extent before the Police arrived. Further, David says he washed his hands shortly after he returned from the paper round to remove printer's ink.] Dr Pryde and Police staff who dealt with David recall his hands were clean and this can be seen in photographs taken that morning.

136. Dr Dempster took skin samples from Robin's hands in the mortuary that night. These were later tape lifted and analysed. No residue was detected on them. Trace elements were found on both David's and Robin's hands but this was not given in evidence.

137. Mr Karam's criticism suggests that if the Police had administered the tests earlier, they would have not only confirmed that David did not fire the murder weapon, they would have established that Robin had. 

138. While it is true samples could have been taken earlier from Robin, we do not believe the delay necessarily meant evidence associating. him with the rifle was lost. It is to be expected residue should still have been adhering to his hands when skin was lifted in the mortuary that evening. The suggestion by Mr Karam the samples should have been taken at the scene by 8-9am would have run the high risk of contaminating other evidence at the scene such as fibres or blood on the hands. It could also have meant introducing other people into the scene, and one of the criticisms from Mr Karam has been the number who entered the house. In relation to David the priority at 0800 hours was to treat him as a victim, and provide him with medical support. The samples were taken from him at the appropriate time when he was removed from the scene. We do not believe anything significant was lost by retaining him at the scene because as now known he had already washed his hands.

139. Positive FDR on either Robin Of David, would not have solved the crime "beyond doubt" as claimed by Mr Karam. At best it could have indicated contact with the rifle but not necessarily responsibility for firing it. David could claim he touched the rifle as he has done to explain his fingerprints on it. FDR on Robin's hands would not exclude the possibility it was transferred from David if he moved his hands to make it look like suicide. It is known Robin had blood smudges on his left hand and on the left leg of his track-pants. Within the Bain family, this blood could only have been Robin's. It's presence may be consistent with the body being moved to give the appearance of suicide.