Privy Council sets aside Mark Lundy's convictions

Mark Lundy is serving a jail term of at least 20 years for the murder of his wife, Christine, and daughter, Amber.
Mark Lundy is serving a jail term of at least 20 years for the murder of his wife, Christine, and daughter, Amber.

Mark Lundy's murder convictions have been quashed and he has been granted leave for a retrial by the Privy Council in London.

Lundy was convicted of murdering his wife Christine and daughter Amber in August 2000, and was sentenced to a jail term of at least 20 years.

His case was taken to the Privy Council and a three-day appeal hearing was held in June.

In its decision - released tonight - the Privy Council unanimously decided that Lundy's appeal should be allowed; that the convictions should be quashed; that Lundy should stand trial again on the charges of murder as soon as possible; and until then, and subject to any High Court decision on bail, Mr Lundy should remain in custody.

READ THE FULL PRIVY COUNCIL JUDGMENT HERE

During the appeal it was argued by Lundy's lawyer that he'd suffered a substantial miscarriage of justice.

The appeal hinged on a number of key planks which included:

- the failure of police to disclose a document to defence lawyers.

- the validity of science used to identify matter on Lundy's shirt as brain tissue.

- the examination of stomach contents to determine the time of death.

- the examination of a computer's shutdown time which led to allegations Lundy tampered with the machine to create an alibi.

- the failure of the judge to properly direct the jury about the evidence of the sole eye witness.

The appeal before the five members of the Privy Council, including Chief Justice Dame Sian Elias, is likely to the last of its kind for New Zealand.

The decision came through at 9pm tonight.

- nzherald.co.nz

- NZ Herald

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