Mark Lundy - miscarriage of justice?

[Beemer]

An earlier post of mine was about a jury that I was once involving a drug case.

This was a drug case too, he was charged with 'aiding and abetting the sale of class [whatever class cannabis is] drugs to an off-duty police officer, code named Brownie" - he was a big Maori guy! But as far as this woman was concerned, before she'd even heard any evidence, he was guilty because he hung around with 'that lot'.

It's quite scary that you can't legislate or protect people from prejudice - no matter what form it takes - race, age, gender, what the charge is (such as drugs when they have lost someone to drugs), etc.

[SixPackBack]

What about the American Way?

You really think our system is measurably better?

[peasea]

That's the burden of proof, isn't it?

And was the "elderly lady" you? C'mon, you can tell us.

Mmmm, elderly ladies.......mmm

[Beemer]

Mmmm, elderly ladies.......mmm

Shit, now I'm REALLy pleased I'm not an elderly lady... well, not until March 3...

[James Deuce]

You really think our system is measurably better?

Awwww! It's Superman's catch phrase, you big silly!

"Fighting for Truth, Justice, and the American way!"

[peasea]

Shit, now I'm REALLy pleased I'm not an elderly lady... well, not until March 3...

That's a Tuesday, I'm free.

[Lucy]

I always read these things with interest..

Watson
Bain
Lundy

etc
.

Hey, those guys are all white! Does anyone take an interest in brown guys and whether they did or didn't 'do it'?

[jrandom]

Hey, those guys are all white! Does anyone take an interest in brown guys and whether they did or didn't 'do it'?

Have you ever met a brown guy who didn't do it?

[Lucy]

Have you ever met a brown guy ?

You're funny

[Beemer]

That's a Tuesday, I'm free.

Damn, I'm not, just ask my husband, he says I'm bloody expensive!

[MsKABC]

Bump.

So....the doco on TV suggests a time of death in the early hours of the morning, meaning it's completely feasible Lundy could have done it. It fits with other evidence too.

Looks like the right man is in jail.

[Jantar]

Maybe. But that hypothesis was not presented to the jury. So on the evidence presented it would still have to be Not Guilty.

[MsKABC]

Maybe. But that hypothesis was not presented to the jury. So on the evidence presented it would still have to be Not Guilty.

There was other very damning evidence though. The jury obviously felt it had been proved beyond reasonable doubt, and the return trip from Wgtn to Palmy in that timeframe wasn't impossible.

[Jantar]

If the journey "wasn't impossible" why has no-one else been able to travel the distance in the time, and still be able to run 2 x 500m trips and change their clothes?

Unless we were on the jury (which I wasn't) we can only go on the court evidence as presented in the media. That evidence leaves a lot of doubt. Just before tonight's program I commented to my wife that if it had been presented that the murders occurred between 3:00 and 4:00 am then I would find a guilty verdict much more plausible, but that wasn't sugested, and the defence were not able to refute it, so we are left with an impossible drive, run, murder, change of clothes, dispose of evidence, all in under 3 hours.

[Winston001]

Agreed Jantar.

But. There is an uncomfortable fact about crime which we aren't really aware of. We are so used to tv detectives rolling out full solutions in an hour. I'm told by experienced criminal lawyers and police officers that in many cases there are unanswered loose ends. Illogical pieces which don't fit. Naturally the defence try to lever these to gain a reasonable doubt.

Ultimately the jury hear and see the evidence. It takes a helleva lot to pursuade 12 people to agree on anything. Anything. Try it sometime - two people are all you need for complete disagreement.

So, a jury looks at the totality of evidence and if it overwhelms the unanswered bits, then they will convict. Its beyond a reasonable doubt, not 100% certainty.

I've swung back to believing Lundy was safely convicted. And if the pathologist was wrong about the time of death, that is bad news for Lundy.