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Did Mark Lundy murder his wife and child?

The CCRC are expected to decide later this year if the case is referred for more judicial action, eg another appeal.
The case was solved on the first page of this thread.

The prosecution say a car made exactly 3 equal trips with a given amount of petrol.
The defence say the car made one trip on that same given amount of petrol.
Simple experiments on a race track show that driving a gasoline fueled car with maximum fuel conservation in mind results in one third the consumption under racing conditions. This holds for all petrol fueled cars, including super 8 driven by Greg Murphy. We know this because he drives his car around towns between racing. Multiple independent research projects show this.
On the trip he did make, he achieved an average of 96 mph and negotiated 5 sets of traffic lights through 30 mph towns. He drove as though on a race track to achieve this average.

The prosecution say he killed his family in a bloody frenzy with an axe, then stood in full view of his neighbours forcing a window to stage a break in, with 2 dead bodies in the house, then drove back to the motel without a trace of blood on his person.

And so on.
This is text book police and judicial mendacity all the way to the highest courts.
 
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The prosecution had one claim of a proven forensic item linking Lundy to the crime.
Without going into details, they shopped around the world till they could pay a crooked Texan to fabricate a link, and all the way to our crooked Supreme Court it worked!
 
The prosecution had one claim of a proven forensic item linking Lundy to the crime.
Without going into details, they shopped around the world till they could pay a crooked Texan to fabricate a link, and all the way to our crooked Supreme Court it worked!

For those unfamiliar with the case, and what this quack pathologist did...

https://newsroom.co.nz/2022/08/19/why-the-lundy-case-will-never-go-away/

The Texan pathologist

One of the most contentious issues was the organic matter found on Lundy’s shirt. In 2001 there was a pathologist named Rodney Miller visiting from Texas. He had never been on a crime scene or dealt with a criminal trial, nor received forensic qualifications aside from a three-month course almost 20 years prior.

He was approached by the police, who wanted him to confirm that the organic matter on the shirt was brain matter.

Miller was quoted as being amenable to police requests, saying “it would be great to nail the bad guy”.

Miller employed a technique commonly used to identify different diseases in laboratories called immunohistochemistry, or IHC.

It’s a technique well-documented in its usefulness at identifying different diseases, but not known for its ability to determine what part of a body any given sample comes from.

Nevertheless, Miller told the court that the stuff on Lundy’s shirt came from brain or central nervous system tissue.

It’s a test that hasn’t been used this way in criminal trials elsewhere in the world.

(Eventually – after the trial – the Court of Appeal were to agree with the defence submissions that this evidence should not have been included in the trial.)

 
I always thought the timeline on this one just never added up in terms of what would have been required.
 
messenger RNA

(Eventually – after the trial – the Court of Appeal were to agree with the defence submissions that this evidence should not have been included in the trial.)
IIRC the appeals court threw out the messenger RNA evidence but let the conviction stand. The mRNA evidence was extremely dubious for a number of reasons, the primary one being that RNA is much more labile to nonenzymatic hydrolysis than DNA is. I suspect that many of the problems in the IHC evidence are discussed within Mr. Lundy's submission to the CCRC.
 
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Timelines

I always thought the timeline on this one just never added up in terms of what would have been required.
The timeline in the first trial was absurd, based upon traffic conditions. The timeline in the second trial was scarcely better if one takes the pathologist's comments about Amber's stomach contents as a given.
 
The only update on this case is that Julie Anne Kincaide has resubmitted two very significant documents that it seems had purportedly not been received by the CCRC.
It is 4 years since the extremely detailed case was presented, and despite advice from the CCRC that their investigations were complete, and that their would be a determination latter 2024, Nada.
Malcolm Birdling who masterminded the case to the privy council around 2013, says that New Zealand is doing everything wrong, with lawyers everywhere, and paralysis by analysis, my paraphrase.
 
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