Mark Lundy has arrived at the property he has been bailed
to, as he awaits retrial over the deaths of his wife and
A bail hearing was held in the High Court at Wellington this
afternoon after the Privy Council in London unanimously
decided to quash his convictions and ordered a retrial.
Justice Ronald Young ruled Lundy should be released on bail
ahead of the trial, the date and place of which are yet to be
Lundy, who has been in prison for more than 12 years and
seven months, was not present for today's hearing.
In his ruling, Justice Young said he was satisfied there was
little or no risk of Lundy offending while on bail,
interfering with witnesses or failing to turn up for trial.
He set bail conditions including that Lundy reside at an
address, which he suppressed, and that he report to police
once a week.
Justice Young also ordered Lundy not to contact any witnesses
from the initial trial, and gave a stern warning that he
would be returned to custody if he did so.
He did not impose any geographic limitations, which means
Lundy is able to visit his home town of Palmerston North.
Lundy's nephew, Steven Jones, said outside of court that his
family would be "ecstatic, over the moon'' with the decision.
"I came into it cautiously optimistic, but until they made
the actual decision, I didn't really know what was going to
He said he it had been tough waiting for his uncle's release.
"But always supported him, never wavered, so I'm glad today's
Mr Jones, the son of Lundy's sister Caryl Jones and her
husband Dave Jones, said his uncle had been moved around
"I've been to see him as often as I can, but it's been
He said it would mean a lot to Lundy to be able to visit his
Lundy's lawyer, Felix Geiringer, made submissions in court on
advice from the legal team that brought the appeal before the
Privy Council in June.
The Crown was represented by prosecutor Ben Vanderkolk, who
appeared by video-link from Palmerston North.
However, their submissions are suppressed under the Bail Act.
Speaking outside court, Mr Geiringer said his client's
supporters had been hoping he would be granted bail.
"He's got bail, I'm sure they'd be happy. I'm very sure he's
going to be happy.''
Mr Geiringer said relatives in court today had been in
contact with Lundy.
He said it was not his place to comment on the bail
conditions, but there was nothing objectionable in them.
Mr Geiringer said Lundy had not commented to him about the
first thing he would like to do on bail.
He said he understood the intense public interest in his
client's case, but he underlined the judge's "stern words''
about not discussing the case ahead of the retrial.
"Nobody wants anyone to interfere with that and interfere
with the chance for a fair trial,'' he said.
"I don't want to upset the judge and do any harm to Mr
Lundy's chances in front of the courts.''
In 2002, Lundy was convicted of murdering his wife Christine
and 7-year-old daughter Amber and sentenced to a jail term of
at least 20 years.
He appealed to the Privy Council, which on Monday unanimously
ruled to allow the appeal.
It quashed his convictions and ruled Lundy should stand trial
again on the murder charges as soon as possible and, until
then, and subject to any High Court decision on bail, he
should remain in custody.
A Corrections spokeswoman said the department could not
disclose when Lundy would be released from prison for
She said he would be free to leave once the prison manager
had received a warrant for his release.
Lundy's next court date is set down for November 11 but his
attendance has been excused.