Mark Lundy appeal judgment to be delivered
What do you think the Privy Council will rule in the Mark Lundy murder case?
Convicted double murderer Mark Lundy's bid to clear his name will be decided on Monday night when Privy Council law lords deliver their decision on his appeal.
Lundy, who is serving a minimum prison sentence of 20 years, was found guilty of murdering his wife Christine and daughter Amber, 7, in a frenzied attack in their Palmerston North home in August 2000.
Lundy maintains his innocence and the Privy Council, in London, heard a three-day appeal against the convictions in June.
This morning a Privy Council spokesman confirmed the law lords would deliver their judgment on Monday night, New Zealand time.
"This involves three members of the board processing into the courtroom and one of the judges giving a brief oral summary of the background to the appeal, their decision, and the rationale for that decision," a statement says.
"[Lawyers] for both parties are not expected to address the board and the proceedings are only expected to last around five minutes."
The Privy Council can uphold the convictions or quash them.
If that happens a re-trial can be ordered or, as discussed during the June hearing, the case could be sent to the Court of Appeal.
That court could then assess evidence about the brain tissue found on a shirt belonging to Lundy and said to link him to the killings, and decide if a re-trial is necessary.
Lundy's appeal was led by London-based former New Zealand lawyer David Hislop.
The Crown Law Office today said no prosecutors would be present in London on Monday.
The judgment will be broadcast online and the man who has worked on Lundy's case for years, Kumeu horse breeder and part of the FACTUAL Trust, Geoff Levick, said he would be watching the computer coverage.
Christine Lundy's brother Glenn Weggery, who found the bodies, said he wouldn't be as next week he was working shifts that start at 3am.He was unimpressed nobody had told him the judgment delivery was coming up.
Lundy was found guilty of the murders at a 2002 jury trial in Palmerston North.
A subsequent appeal was unsuccessful.
His Privy Council appeal was based on doubts about the brain tissue which was identified as such by Texan pathologist Dr Rodney Miller.
Mr Hislop said Dr Miller's findings were based on "fundamentally flawed" science and, during the trial, police had not given the defence a document from another expert expressing doubts about whether the matter had degraded too much to be of any use.
The Privy Council also heard doubts about the time of death, with Lundy's trial hearing the deaths happened about 7pm at night.
Cellphone records place Lundy in Petone at 5.38 and 8.28pm, giving him a tight timeframe to commit the murders, clean up and drive about 300 km in total.
Finally, Mr Hislop raised doubts about trial evidence that suggested Lundy had tampered with his home computer to make it appear to shut down about 10.50pm.
- © Fairfax NZ News
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