Walsh and Police support the Giles evidence?

Has been a dramatic week in the New Zealand Justice arena since Monday. It seems likely that the release of the report into the claims of gunshot residue being on the hands of the late Robin Bain was timed to coincide with the release of the Privy Council decision in another controversial case - that of Mark Lundy which I shall blog about later.

Firstly to that report. In essence ESIR scientist Walh hasn't been able to discount that Robin Bain's thumb was photographed with gsr at the murder scene. He has confirmed the method of transfer shown on the show 3 Degrees is possible, though his opinion that it was unlikely in this case. By any estimation that falls into the category of reasonable doubt that David was not the killer but rather that it was Robin Bain. Unfortunately, and I don't know the reason why, but there was no mention of the corroborating evidence of Robin being the user of the firearm that morning, also discovered by David Giles and mentioned below in other blogs along with photographs of the same. I know that information was sent to the Minister, it is strange it wasn't covered in the report released last Monday. The public need to know how Walsh has or will evaluate that evidence. It seems likely that the 'coincidences' of the marks on Robin's hands from what seems to be handling the rifle will make a conclusion that he was the killer highly probable.

As to the police response. It seems Deputy Commissioner Burgess has 'out smarted' himself. He sticks with the tried and 'true' marks from home handy man 'work.' However, he has no support for that from the police Pathologist in the case Dr Alex Dempster who has said, unequivocally, that he did not see or record the marks in the mortuary when further examining the body of Robin Bain after a preliminary examination at the scene. In fact by the time Dempster was allowed to examine the scene the gsr may have already degenerated and no longer been visible, or simply been 'wiped off' as the detectives moved the body, rifle and magazine about the scene of Robin's death. But what Burgess has 'agreed' is that at some point there were marks on Robin's thumb, hardly a concession by virtue that many in New Zealand have also now seen them. Burgess has hung his hat on the fact there were marks but they were from injuries, of course those 'injuries' were unable to be seen by Dempster in the morgue and unable to be photographed by either Dempster's staff or police. How odd that Burgess did not explain that.

It's safe to agree that the allegation of marks of gsr on Robin's hands has not gone away. It has further support because Walsh has agreed they could have transferred there from the magazine and Burgess that they were present in the morgue but are not 'revealed' in photographs. It's steady as she goes, two Crown specialists on side that there might have been gsr and to this point no apparent report on associated marks on Robin's hands likely corroborating one another.

Think of the theory's already dismissed, that the marks were wrinkles, from playing a guitar, that they didn't exist to now agreement, even from police, that they did exist but somehow disappeared to the eye and weren't revealed in morgue photographs. Photographs, many will remember that showed recent cuts, bruises and blood on the hands of Robin Bain. As I say above the gsr hasn't gone away it has come closer.