Mark Lundy. Photo Mark Mitchell
Mark Lundy has won the right to appeal to London's Privy
Council against his convictions for the murder of his wife and
daughter.
A spokesman for the Privy Council this morning said Lundy's
application to appeal had been accepted and a three-day
hearing would take place in London during the week starting
June 17.
Lundy is serving 20 years in prison for murdering his wife
Christine and 7-year-old daughter Amber in a brutal axe
attack in their Palmerston North home in August 2000.
In 2002 he lost an appeal to the Court of Appeal and had his
non-parole period increased to 20 years, the longest
non-parole period of imprisonment for a life sentence ever
handed down in New Zealand.
Lundy's London-based lawyer, David Hislop QC, said the appeal
would pivot on the science used to identify brain tissue
found on a shirt.
"We say [it was] flawed science, bad science, and we
obviously want to argue that," Mr Hislop told RadioLIVE this
morning.
"It was never good science. In essence, what was deployed
from the scientists from Texas was a scientific experiment.
He'd never done it before, the science world had never done
it before and we say he's got it wrong."
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Mr Hislop said the argument about whether Lundy had time to
commit the murders by driving from Wellington to Palmerston
North and back in two hours and 58 minutes in peak hour
traffic had "very little to do" with the appeal.
Mr Hislop said he was "delighted" at the Privy Council's
decision and he had not yet spoken with Lundy or lawyers in
New Zealand.
"We're delighted. We've put a lot of hard work into this, and
we want to see that Mark gets the very best opportunity that
he can to put his story across," he told RadioLIVE.
Mr Hislop said the defence team would need to raise money to
fly New Zealand scientists to London to give evidence as part
of the Privy Council appeal.
Lundy's defence relied on evidence from those scientists, he
said.
If the appeal was successful, the case would likely be sent
back to New Zealand for a retrial, Mr Hislop said.
The Privy Council spokesman said the right to appeal was
granted by three justices of the court who decided on
submissions by Lundy and the Crown whether there was merit
for an appeal to take place.
"Given the high profile of this case, we will also seek to
make arrangements to live stream the hearing from London over
the internet," the spokesman said.
- Kieran Campbell
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