Tuesday, June 18, 2013

Mark Lundy: (New Zealand): His lawyer tells the Privy Council that the "key evidence" behind the murder conviction is "bad science." Stuff.


STORY: "Key evidence 'bad science' - Lundy appeal," by reporter Jimmy Ellingham, published buy 'Stiff' on June 18, 2013.

GIST: "More ‘‘fundamentally flawed’’ science has been placed under the Privy Council microscope as Mark Lundy’s lawyer again raises doubts about its reliability.........On the first day of the hearing, his lawyer, David Hislop, QC,  questioned the technique used to identify brain matter found on Lundy’s shirt and accused of the Crown of ‘‘expert shopping’’ and withholding important evidence. At his trial, the Crown said the killings happened at about 7pm, with cell phone records placing Lundy 150km away in Petone at 5.30pm and 8.28pm. He was said to have driven home, gone to his bedroom and killed his wife and daughter, cleaned up and returned south in that time. Last night Hislop raised doubts about the timings and criticised Crown expert witness, pathologist Dr James Pang. Pang said the killings happened about one hour and 10 minutes after Christine and Amber ate McDonald’s food, which they bought about 5.45. He based his findings on stomach contents and ‘‘gastric smell’’, something other experts had labelled ‘‘bad science’’, Hislop said. Pang made other omissions that left his conclusions ‘‘fundamentally flawed’’, Hislop said. The Crown has defended the allegations and says issues discussed at Lundy’s murder trial cannot be relitigated. ‘‘One can’t take the trial as some sort of curtain raiser,’’ deputy solicitor-general Cameron Mander told the five judges hearing Lundy’s appeal in London overnight. Lundy, who maintains his innocence, is serving a 20-year minimum jail sentence after being found guilty of killing wife Christine, and daughter, Amber, 7, on August 29, 2000, in the family’s Palmerston North home. On the first day of the hearing, his lawyer, David Hislop, QC,  questioned the technique used to identify brain matter found on Lundy’s shirt and accused of the Crown of ‘‘expert shopping’’ and withholding important  evidence. At his trial, the Crown said the killings happened at about 7pm, with cell phone records placing Lundy 150km away in Petone at 5.30pm and 8.28pm. He was said to have driven home, gone to his bedroom and killed his wife and daughter, cleaned up and returned south in that time.
Last night Hislop raised doubts about the timings and criticised Crown expert witness, pathologist Dr James Pang. Pang said the killings happened about one hour and 10 minutes after Christine and Amber ate McDonald’s food, which they bought about 5.45. He based his findings on stomach contents and ‘‘gastric smell’’, something other experts had labelled ‘‘bad science’’, Hislop said......... The appeal finishes tonight (NZT).

The entire story can be found at:

http://www.stuff.co.nz/national/crime/8812281/Key-evidence-bad-science-Lundy-appeal

PUBLISHER'S NOTE:

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http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

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Harold Levy: Publisher; The Charles Smith Blog.