Saturday, October 12, 2013

Mark Lundy: (Aftermath 7): The Marlborough Express takes a look at what was revealed by the Privy Council in London in its "stinging decision", when justice was "revisited."

EDITORIAL "Justice revisited," published by the Marlborough Express on October 9, 2013.

GIST: "The differences between the expert evidence considered during the trial, and the expert evidence presented now, was simply so profound that the whole shebang could only properly be resolved by a new trial. While we must accept that the Privy Council is not saying it actually prefers the evidence raised now by the defence to the prosecution evidence that put Lundy away, there is no getting around it that this is a stinging decision. Since there were no witnesses to the killings of Christine and Amber Lundy in Palmerston North 13 years ago, the original trial depended largely on the scientific evidence. But it turns out the method used to test the speck of tissue on Lundy's polo shirt was controversial. Not only that, but cautionary words from experts consulted for the Crown case had been kept from the defence. The use of stomach contents to determine the time of the victims' death is now cast into doubt, and disarray in the family's computer may have been the result of a computer virus rather than meddling by Lundy himself. Out there in the public, a good deal of concern has also been attached to the Crown's contention that, to establish an alibi, Lundy had driven from Petone to Palmerston North and back in three hours. It's a feat police notoriously failed to replicate when they tried it. What is perhaps more concerning is the sheer passage of time. Lundy is more than halfway through his 20-year minimum sentence. One of his lawyers, Malcolm Birdling, is calling for an independent commission to review criminal cases to provide more timely justice.
Careful, there. An independent body could be a good idea, but it must not be used in place of the process that relies on the steely gaze of top-flight justices."

The entire editorial can be found at:


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