Justice Simon France turned to the jury in the murder trial of Mark
Lundy at the High Court in Wellington yesterday afternoon at 10 to one
and said: "It's over to you." A moment later, he said again: "It's over
to you." Then he thanked them, warmly, sincerely. "So that's it," he
said, concluding seven weeks of legal argument. "It's a big thing being
asked of you ... It's over to you......... France spent most of his summary on the one subject that took up most
time in the trial: the stains on Lundy's shirt. "If you accept that it
is human brain, then the Crown's case is considerably strengthened ...
Mrs Lundy's brain tissue is obviously a very significant thing." The defence say the stain could be food splatter. His financial position was stable, and he wasn't in desperate need of an
insurance pay-out. France to the jury: "Some of you may not know that
small businesses owing money to people isn't unusual. And it's important
to remember the recent change in their insurance policy wasn't at his
instigation. As for witness X, the inmate who claimed he heard Lundy's confession,
the judge rather sighed, "I don't know how he appealed to you. Maybe you
thought he was an engaging sort of chap. I'm not saying you can't
accept his evidence, but great care is needed.".........
Dirty Lundry, or clean Lundry? It's over to the jury. "One can't
believe impossible things," says Alice in Through the Looking-Glass.
Lundy's defence claims three impossible things prevent the jury from
believing Lundy did it. "If you accept he did not have enough petrol to
make the trip," said Justice France of the defence's first
impossibility, "you must acquit". The alternative is to deliver a
verdict of guilty, twice, for the murders of Christine and Amber Lundy.
There are two charges, as Justice France reminded the jury.
"Realistically," he said, "your answers will be the same for both". They
may be given today."
http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11425530
See News 3 report on the jurors returning for their second day of deliberations:
http://www.3news.co.nz/nznews/mark-lundy-murder-retrial-day-36-2015033110
See the Wikipedia account:
"Christine Marie Lundy, 38, and her 7-year-old daughter Amber Grace Lundy were murdered in
Palmerston North, New Zealand, on 29 or 30 August 2000. Mark Edward Lundy (then age 43), Christine's husband and Amber's father, was arrested and charged with the murders in February 2001.
[1] In 2002 he was convicted of the murders after a six-week trial and was sentenced to
life imprisonment with a minimum non-parole period of 17 years. Lundy maintained he was innocent and took his case to the
Court of Appeal; the appeal was rejected and the court increased his non-parole period to 20 years.
[2] In June 2013 Lundy appealed to the
Privy Council in Britain.
[3]
In its decision, announced four months later, the Council focussed on
three main points: the reliability of evidence surrounding the time of
death, the accuracy of the testing of brain tissue given the state of
the samples and an alternative explanation for the alleged tampering of
the family computer.
[4] The Council ruled the convictions "unsafe" and ordered a re-trial.
[5] Lundy served nearly thirteen years in prison and is now free on bail.
[6] The retrial, which is still in progress, was held in early 2015."
http://en.wikipedia.org/wiki/Lundy_murders