Mark Lundy murder convictions quashed

12:19, Oct 07 2013
Mark Lundy
Mark Lundy was tried in 2001 for the murder of his wife and child a year earlier. Here he is pictured about to hear the verdict, flanked by officers of the court.
Mark Lundy
Mark Lundy cries during his court case in Palmerston North in 2002. Lundy's original sentence of 17 years in prison was increased to 20 by the Court of Appeal.
Bill Lundy
Mark Lundy's father Bill, centre, and other family members leaving the court after Mark's original guilty verdict in March 2002.
Mark Lundy
Lundy pictured by television news cameras leaving Palmerston North Court after being found guilty. The 56-year-old has maintained his innocence.
Lundy gravesite
The gravesite of Christine and Amber Lundy in Palmerston North, pictured in 2002 surrounded by flowers left by grieving friends and family.
Lundy house
Mark Lundy's former house at 30 Karamea Cres, Palmerston North, where Christine, his wife, and Amber, his daughter, were found murdered in August 2000.
Mark Lundy answering questions over evidence presented to the court during cross-examination in 2002. Lundy's appeal to the Privy Council was based on doubts over whether his shirt contained traces of brain tissue from the murder scene.
Birdling
Almost 13 years later, in October 2013, Lundy's defence solicitor Malcolm Birdling attended the Privy Council in London to hear that the convictions were quashed.
Lundy
In 2000, a distraught Mark Lundy was supported by friends as he farewelled his wife Christine and daughter Amber at the double funeral service at St Peter's Anglican church in Palmerston North, on September 7 that year.
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Christine Lundy, Mark Lundy and Amber Lundy.
Lundy
Police work at the Lundy home on December 12, 2000.
Lundy
Forensic staff arrive at the Lundy house.
Judge Justice Ron Young.
Justice Ron Young presided over Mark Lundy's bail hearing in the High Court at Wellington in October 2013. Strict conditions apply to the reporting of bail conditions.
Mark Lundy's lawyer Felix Geiringer.
Lawyer Felix Geiringer appeared for Mark Lundy at the bail hearing. Lundy did not attend, nor did he watch proceedings via a videolink from prison.
Crown prosecutor Ben Vanderkolk at Mark Lundy's bail hearing.
Crown prosecutor Ben Vanderkolk at Mark Lundy's bail hearing.
mark lundy
Mark Lundy has been released on bail after spending almost 13 years in prison for murdering his wife and child. The convictions were overturned by the Privy Council in October 2013 and a re-trial is planned.

The Privy Council has quashed Mark Lundy’s murder convictions for killing his wife and daughter, and say he should now face a re-trial as soon as possible.

The decision announced in London tonight comes after Lundy has served 12 and a half years in prison for crimes he says he didn’t do.

The council's judicial committee was unanimous in deciding that Lundy's appeal against his convictions for the murders of his wife Christine and daughter Amber should be allowed and that the convictions should be quashed.

lundyfamily
FAMILY PORTRAIT: Mark Lundy with wife Christine and daughter Amber.

It said  Lundy should stand trial again on the charges of murder as soon as possible; and until then, and subject to any decision of the High Court of New Zealand on the question of bail, he should  remain in custody.

He was arrested for the murder of Christine and Amber, 7, in 2001 and a year later found guilty of murdering the pair in a frenzied attack at their Palmerston North home on August 29, 2000.

Lundy was sentenced to a minimum term of 17 years’ jail, which was subsequently increased to 20 by the Court of Appeal.

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Lundy has always maintained his innocence and the Privy Council heard Lundy’s appeal against his convictions in June this year. The Crown argued the convictions were correct.

The committee said that given the new evidence that it had allowed, Lundy's convictions could not be considered safe.

"Since the trial, a ‘welter of evidence’ from reputable consultants has cast doubt on the methods the Crown had relied on to establish the time of death based on the contents of the victims’ stomachs,'' the judicial committee said.

It said having concluded the convictions should be quashed, the committee decided the case should go back to the High Court, saying the divisions between experts in the case were profound and ranged over many areas.

Police said they would consider the detail of the judgment and discuss it with Crown Law and the crown solicitor to decide on their next steps.

"This is likely to include evaluation of what evidence needs to be prepared and the availability of witnesses,'' Assistant Commissioner Grant Nicholls said.

He would not comment further as the matter was still subject to judicial process.

 

After the hearing, Lundy's defence solicitor, Malcolm Birdling, said Lundy was "very happy" about the decision.

"He’s been waiting a long time now. He’s very glad that this is now going to give us the opportunity to have the evidence tested properly by a jury, something which has never happened before. 

"He’s also very thankful for all the assistance of what has been a fantastic team that has been assisting, a group of experts who donated their time generously to assist in a way that allowed us to achieve this result today. He’s just very, very grateful."

While the judicial council had said there should be a retrial, Birdling said the next step was  for the solicitor general to make a decision on whether should be one.

 

Lundy's supporting team, called Factual, said in a statement tonight it was thankful the committee had "recognised the severe miscarriage of justice in this wrongful conviction of Mark Lundy''.

"Now that the verdict has been found to be unsafe Factual  sincerely hope that the Crown will  re-investigate this crime in the search for truth.  There are many unanswered questions that need to be re-evaluated.''

"Mark Lundy has always maintained his innocence and his love for his wife and daughter who someone has callously taken from him. 

"As the police had initially maintained, Mark is an innocent victim in this horrific crime,'' the group said.

"It  is our sincere hope that the JCPC decision will be a starting point for an awareness that Mark Lundy was in no way involved in this heinous crime as we enter the next phases in the search for the truth for Amber and Christine."

SHIRT EVIDENCE

Led by expat Kiwi lawyer David Hislop, QC, the appeal was based on doubts about material said to be brain tissue found on Lundy’s shirt that linked him to the crime scene.

Hislop produced expert evidence saying the specks of human tissue were in too poor a condition to be properly analysed.

Crown expert Rodney Miller, from Texas, used a technique called immunohistochemistry, or IHC, which he had previously tested on a chicken, to identify the tissue.

One significant revelation at the appeal was a report obtained by police before the 2002 trial, from Dr Heng Teoh, in which he said the material had degenerated so much that Lundy should not be convicted on the strength of tissue evidence alone. The report was never given to Lundy’s trial lawyers and was only handed to Hislop shortly before the Privy Council hearing.

Hislop also raised doubts about the time of death, with Lundy’ trial hearing the killings happened about 7pm.

Crown expert pathologist James Pang said at the outside the deaths could have happened at 7.15pm, based on his examination of Christine and Amber Lundy’s stomach contents.

Hislop consulted British forensic pathologist Professor Bernard Knight who said deciding time of death on stomach contents was unreliable.

Cellphone records place Lundy in or around Petone at 5.38 and 8.28, giving him a tight time frame to commit the murders, stage a burglary, clean up, run to his car and drive the 300 kmh round trip at breakneck sped.

Palmerston North woman Margaret Dance reported seeing a man dressed in a wig and tracksuit running in the area about 7.15. At Lundy’s trial and at the Privy Council, Lundy’s lawyers have said her evidence was unreliable.

The Privy Council also heard doubts about trial evidence that suggested Lundy had tampered with his home computer to make it appear to shut down at 10.52pm. 

Hislop also spoke of lights seen on at the Lundy home about 11.pm They were turned off when Christine and Amber’s bodies were found the next morning..

Lundy was definitely in Petone at 11.30pm, when he called a prostitute. He was with her between 11.36pm and 12.37am, in what the Crown told his trial was a cynical attempt at creating an alibi.

 

Prime Minister John Key, asked about the case during an official visit to Bali, Indonesia, said he was "not entirely surprised" by the Privy Council's decision.

He said the decision would now go back to the High Court for a retrial.

"There's really little I can say about that because the matter will be before the courts," he said, adding that he had not read the decision.

Asked if there would be a good case for compensation for Lundy, he said: "I think you'd be jumping to conclusions. The first instance is the retrial and then the outcome of that retrial. 

"We'll take it one step at a time."

He did not believe in light of this and the David Bain case that there was something wrong with  the NZ system. The Supreme Court may have made the same decision as the Privy  Council.

"it just means these cases were in that system prior to the Supreme Court being in existence."

 

Fairfax Media