RAW DATA: Privy Council quashes Mark Lundy murder conviction

Decision comes just four days after Privy Council quashes 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)

Login in or Register to view & post comments