Mark Lundy. Photo supplied.
Mark Lundy's murder convictions have been quashed by the
Judicial Committee of the Privy Council in London.
In a decision released last night, the board unanimously
decided 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 decision of the High Court of New
Zealand on the question of bail, Lundy should remain in
His legal team went to the Privy Council in June in a bid to
clear his name over the deaths of his wife, Christine, and
daughter, Amber, in Palmerston North in 2000.
He is serving a minimum prison sentence of 20 years.
During the appeal, it was argued by Lundy's lawyer he had
suffered a substantial miscarriage of justice.
It centred on the brain tissue found on one of Lundy's
shirts, tampering of a computer, and timing of the deaths.
The Privy Council has the authority to uphold convictions or
quash them. If they are quashed, a retrial could be ordered
or the case could be sent back to the Court of Appeal.
The appeal hinged on a number of key planks which included.
-Failure of police to disclose a document to defence lawyers.
Validity of science used to identify matter on Lundy's shirt
as brain tissue.
Examination of stomach contents to determine time of death.
Examination of a computer's shutdown time which led to
allegations Lundy tampered with it to create an alibi.
Failure of judge to properly direct jury about the evidence
of sole eye witness.
The appeal before the five members of the Privy Council,
including Chief Justice Dame Sian Elias, is likely to be the
last of its kind for New Zealand.
Assistant Commissioner Grant Nicholls said last night police
''will discuss the Privy Council's judgement with Crown Law
and the Crown Solicitor to determine the next steps''.
''This is likely to include evaluation of what evidence needs
to be prepared and the availability of witnesses.''