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RAW DATA: Privy Council quashes Mark Lundy murder conviction

Oct 8: The Privy Council has quashed Mark Lundy's conviction for killing his wife and daughter in their Palmerston North home in August, 2000.

He now faces a retrial.

The Council, which sits in London, heard a three-day appeal during June.

Its unanimous decision was released at 9pm Monday evening NZ time.

The judgment says Privy Council members considered remitting the case to the Court of Appeal but "The divisions between the experts are so profound, they range over so many areas and they relate to matters which are so central to the guilt or innocence of the appellant" that the case could only be resolved by a full retrial.

Disputed evidence includes DNA test results, the speed with which Mr Lundy allegedly made a Petone-Palmerston North-Petone roundtrip, and the reliability of an eye witness account.

The judgment concludes Mr Lundy "should stand trial again on the charges of murder as soon as that can be conveniently arranged. The appellant should remain in custody pending retrial, subject to any decision that the High Court of New Zealand might make on an application for bail."

Police will consider the detail of the Privy Council judgement regarding Mark Lundy. 

"We will discuss the Privy Council's judgement with Crown Law and the Crown Solicitor to determine the next steps," Assistant Commissioner Grant Nicholls said in a statement Tuesday morning.

"This is likely to include evaluation of what evidence needs to be prepared and the availability of witnesses."

Mr Nicholls said that given the matter is still subject to judicial process, it would be inappropriate for police to comment further about specifics of the case or the evidence involved.

RAW DATA: Read the Privy Council's Judgment (PDF)

Comments and questions
9

The public's complete erosion of their faith in the judiciary, is now complete.

This is not the fault of the judiciary. Did you read the Privy Council's reasons? Once again, the New Zealand Police had potentially exculpatory evidence in a murder case that they decided not disclose to defence counsel.

important question here. Would supreme court have come to that decision? Was abolition of Privy Council good for this country's justice system?

Unbelievable! Science hijacks the facts once again.

The hardest 'evidence' to accept was an overweight man supposedly driving 300km round trip in a family saloon, walking a total of 1 km, committing the crime, all in a 3 hour window, simply defies belief. It was simply not possible. Based on that 'evidence' alone I would have acquitted.

I have no first hand knowledge of the case but I refuse to let my ignorance of the facts deter me from having an opinion.

I base my opinion entirely on looks, and wealth

Big question is why did Police withhold that report from the Defence at trial - discovery process means you can't do that. Someone's head needs to be on the block!

With so many quashed convictions, one wonder whether our NZ jury of 12 are really up to scratch to remain impartial, or are they just easily convinced by a few overpowering and perhaps outspoken jurors....