PASSAGE OF THE DAY: "Eaton criticised the use of mRNA evidence at an earlier hearing, calling it "novel and junk science". The evidence was used to tell the jury the brain or spinal tissue found in tiny specks on Lundy's shirt was likely human, rather than from an animal. The method for analysing the brain tissue had "never been used before, never been used again", and the evidence based off it had been found inadmissible by an earlier court ruling. "The name Mark Lundy has become synonymous with flawed expert opinion, flawed science and miscarriage of justice," Eaton said in today's hearing. The Crown dug up the mRNA evidence after the Privy Council decision to "fill a gap" in the science linking Lundy to the murders, he said. "Once you've got the link that it's human, it's game over." The defence spent months before the second trial arguing the evidence should not be used, and it was "too overwhelming" to significantly challenge it at trial, he said. Lundy's defence was that it was impossible for him to have committed the crime because of timings and his lack of fuel, but the Crown used the mRNA evidence to "taint" his defences."
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STORY: "Mark Lundy: New Zealand: Mark Lundy murder appeal in Supreme Court today," by reporter Melissa Nightingale, published by The Zealand Herald on August 27, 2019. - NZ Herald
GIST: "Mark Lundy's final bid to overturn his convictions for murdering his wife and daughter has begun in Wellington today. His lawyer, Jonathan Eaton QC, started by telling the judges Lundy's name was synonymous with miscarriage of justice. Lundy was previously convicted of killing wife Christine 38, and
7-year-old daughter Amber at their Palmerston North home in August 2000. This morning's Supreme Court hearing is the latest in a long string of
appeals, and hangs on a single point - whether the Court of Appeal was
wrong in choosing not to overturn the convictions when part of the
evidence used to secure them was found to be inadmissible. Eaton criticised the use of mRNA evidence at an earlier hearing, calling it "novel and junk science". The evidence was used to tell the jury the brain or spinal tissue found
in tiny specks on Lundy's shirt was likely human, rather than from an
animal. The method for analysing the brain tissue had
"never been used before, never been used again", and the evidence based
off it had been found inadmissible by an earlier court ruling. "The name Mark Lundy has become synonymous with flawed expert opinion,
flawed science and miscarriage of justice," Eaton said in today's
hearing. The Crown dug up the mRNA evidence after the
Privy Council decision to "fill a gap" in the science linking Lundy to
the murders, he said. "Once you've got the link that it's human, it's game over." The defence spent months before the second trial arguing the evidence
should not be used, and it was "too overwhelming" to significantly
challenge it at trial, he said. Lundy's defence was
that it was impossible for him to have committed the crime because of
timings and his lack of fuel, but the Crown used the mRNA evidence to
"taint" his defences. Christine and Amber Lundy were found hacked to death at their home,
likely with an axe or tomahawk. The murder weapon was never found. On the night of their murders Lundy had checked into a motel in Petone where he called an escort about 11.30pm. It was fiercely contested during his first trial whether or not it was
physically possible for Lundy to have travelled between Wellington and
his family home in a time that would have allowed him to be in the house
at the time of the murders. But Eaton today said another theory had never been explained. "How on earth could Mark Lundy have carried out the crime as alleged
and managed to rid himself of any forensic connection other than these
two tiny spots on his shirt?" The only evidence that
linked Lundy to the crime was the shirt he was wearing the night of the
murder, with its two small spots of central nervous tissue, Eaton said. He questioned how Lundy could have disposed of any other shred of forensic evidence before getting into his car. The court cases: Lundy was first convicted of the murders in 2002, and his first appeal
attempt resulted in the court increasing the non-parole period of his
life sentence to 20 years. His conviction was quashed
by the Privy Council in 2013, which ruled there were problems with the
analysis of the brain tissue found on Lundy's shirt, as well as with the
time of death. In a 2015 retrial at the High Court in Wellington, Lundy was again convicted of the murders. He appealed to the Court of Appeal last year, which found the evidence
around the brain tissue should not have been presented to the jury, but
decided to uphold the convictions anyway. The Crown argued Christine Lundy's brain tissue was found on the polo shirt her husband wore on the night of the murders. Tiny spots consistent with dried blood were also found on the shirt, which were found to contain Amber's DNA. The hearing in Wellington is set down for one day."
The entire story can be read at:
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog;