When police checked the Bain washing machine on the day of the murders one of the items found was a large pair of blue track-pants.
The court of appeal in 2003 said that these track-pants were David Bain’s. The following paragraphs are what the court of appeal found in regard to these track-pants.
A bloodstain on David Bain’s black shorts was on a seam in the crotch area. And as a result of the 1997 tests it was established as being Stephen’s blood. The stain was small and visible to the naked eye, albeit not easily seen without good lighting. The fact that David had Stephen’s blood in a place on his shorts which was hardly consistent with accidental contact must be regarded as a significant piece of circumstantial evidence against him. It was certainly open to the jury to infer that the blood got onto his shorts during the course of a struggle with Stephen. We recognise that David says he got down beside Stephen’s body and touched his shoulder; but neither this nor David’s putting the clothes in the wash provides a likely basis for where Stephen’s blood was deposited. We note that David was wearing the black shorts over bicycle pants which did not have blood on them. His blue track-pants had, however, been through the wash and may well have been worn over the black shorts allowing only a small amount of blood to seep through.
It’s interesting to note that Joe Karam disagrees with the 2003 Court of Appeal on the ownership of the blue track-pants found in the wash, Karam told the Privy Council in 2007 that the blue track-pants found in the wash were actually Robin Bain’s. Just how Karam came to this conclusion on the ownership of the track-pants is a mystery as David Bain told Judge Ian Binnie in 2013 that he could not remember who owned the blue track-pants found in the wash. Below is a photo of 2 pairs of track-pants the pair on the right was found on Robin Bain’s body, Robin was 5 feet 9 inches tall, the pair on the left obviously belongs to David Bain who is 6 foot 3 inches.