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Home / New Zealand

Mark Lundy's $5 million case

Jared Savage
By Jared Savage
Investigative Journalist·NZME.·
1 Apr, 2015 03:23 AM3 mins to read

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Denies killing his wife and daughter: Mark Lundy in court. Photo / Mark Mitchell

Denies killing his wife and daughter: Mark Lundy in court. Photo / Mark Mitchell

The final bill to taxpayers for the Mark Lundy case is expected to be at least $5 million.

More than $1.1 million has already been spent on legal fees for Lundy's two trials - and multiple appeals - and the total will soar once the Crown and defence lawyers submit their final invoices for the retrial which entered a seventh week.

The legal aid bill for the defence is expected to top $2 million, mostly for expert witnesses to examine the contested brain and DNA evidence gathered by police.

The defence team of David Hislop, QC, Ross Burns and Julie-Anne Kincade can each charge $159 an hour under the legal aid rates, which is a fraction of their private charge rates.

Lundy's lawyers were denied legal aid funding ahead of the Privy Council hearing in 2013, where they were successful in overturning Lundy's convictions. But they were later successful in applying for the Crown to pay their legal costs of $720,551 - and to pay London solicitors $24,325 to represent them.

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Nearly $160,000 has already been paid to Philip Morgan, QC, the lead Crown prosecutor, for his work until the third week of the trial but that figure does not yet include various appeals heard beforehand.

He is being paid at the Crown rate of $198 an hour, although a Queen's Counsel can normally command hourly fees of around $1000.

His right-hand man Ben Vanderkolk cannot charge for his time as he is bulk-funded as the Crown Solicitor for Palmerston North.

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On top of the expected legal bill of more than $3 million paid by taxpayers is the cost of two complex police investigations, which scoured the globe for experts to identify tissue on Lundy's shirt.

The total bill for Operation Winter - the original homicide inquiry - and Operation Spring - the second inquiry following the Privy Council ruling - is being calculated by police to be released under the Official Information Act. Including staff time, it is likely to be millions of dollars.

By comparison, the police investigation into the murder of Feilding farmer Scott Guy cost $694,773 and did not include hours billed for 92 staff.

On top of that is the estimated $1.2 million to keep Lundy in prison for 13 years.

Discover more

New Zealand|crime

Lundy re-sentenced to life in prison

01 Apr 06:27 AM
New Zealand|crime

Lundy verdict: Eight key issues

01 Apr 03:08 AM
New Zealand|crime

The retrial: Four changes to the case

01 Apr 04:00 PM
New Zealand|crime

Lundy retrial: The end.

01 Apr 04:00 PM

Taxpayers' bill

First trial
Defence - $163,359
Crown - Pending Official Information Act request.

Privy Council
Defence - $720,551*
Crown - $41,950 (Flights and accommodation for three lawyers in London) and $24,325 in fees to London solicitors. More than 1200 staff hours.

Second trial
Defence - $41,847 paid so far but expected to top $2 million.
Crown - $167,600* for Philip Morgan, QC. The work of Ben Vanderkolk, the Crown Solicitor for Palmerston North, is paid for from $1 million of bulk-funding his firm receives from the Crown Law Office each year. A further $25,524 for travel and accommodation for the pair so far.

Police
Expected to cost millions of dollars for both investigations, Operation Winter and Operation Spring, if staff time is included. Final figures pending Official Information Act request.

Prison
Approximately $1.2 million for the 13 years Mark Lundy has been in prison before being granted bail in October 2013.
Paid so far - $2.38 million
Estimated final bill - More than $5 million
* Legal aid was denied for the Privy Council hearing but the defence team won costs from the Crown
** As of February 28.

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