Mark Lundy - miscarriage of justice?

[Maha]

This has been well discussed. The high speed dash theory was not the cops first or best thinking. But since the pathologist was a retard and made up his own sniff test to give time of death, (as well as ignore normal and proven methods), the cops had to try and make the mad dash the most likely.

That right there is the crux of the issue. The silly old cow that fingered Lundy running past her in drag, should be ignored by all I think.

Does anyone know, do the police have to present the same case again? They'll lose if they do. I know that changing the prosecution is an admission of being wrong the first time an' all that, but fuck, do they want the guy let out over pride?

Retrial means try again, have another go.. produce more/new evidence. Evidence that may/or may not go against the accused, forensic science has moved along in the years since Lundy was first convicted.

[Murray]

Take out the "eye witness", the "brain matter"

Should never have been there in the first place - she said he was wearing a tie under his overalls - brain tissue found on a Tee shirt - who wears a tie with a Tee shirt?? She was a fruitloop.

The time of death is the crucial point and by all accounts other than the doctor it points to a much later time than the police put forward!

[korimako1]

Unfortunately, the balance of probability is not good enough for a murder conviction - or any sort of conviction ...

Yes, we will have to pay .. but what price is justice?



He won't get a new sentence - if he's convicted again then time served will count ...

Note he has not been released .. the Privy Council recommended he remain in custody .. which indicates they think he may be guilty - but the retrial needs to happen ... because there are evidential mistakes ... strong enough to matter ... if they truly thought there had been a miscarriage of justice then they would have him released pending a new trial ...

He is well passed the first parole date .. but the board will not release him if he continues to claim he is innocent .. one of the requirements of parole is that you take responsibility for your actions, admit guilt and say sorry .. won't happen while people maintain their innocence ..

he will remain in custody pending a bail application, the presidence has been set by releasing Bain on bail. he also had a 20 year non parole so he has not met any review dates.

[oldrider]

Who benefits? ... Surely he had the motive and the most to gain if he was successful! ... His seriously bad (over) acting sealed it for me!

Who else would be motivated that much to kill (with an axe) a harmless fat lady and an innocent young child?

[Maha]

When he is found guilty for a second time (ok the human tissue found on his shirt could have come from the leper he had just rooted in Wellington earlier) will he still persist with that 'damn almost got away with it' look on his face?

[Oscar]

Who benefits? ... Surely he had the motive and the most to gain if he was successful! ... His seriously bad (over) acting sealed it for me!

Who else would be motivated that much to kill (with an axe) a harmless fat lady and an innocent young child?

So you have motivation and a shifty look, but nothing in the way of credible eye witnesses or physical evidence.
Kinda rough justice, no?

[Madness]

Who else would be motivated that much to kill (with an axe) a harmless fat lady and an innocent young child?

Robin Bain?

[oldrider]

David Bain?

Corrected that for you!

[Banditbandit]

Scott Watson?

Or maybe ...

[Madness]

Or maybe ...

Surely not Tamahere!

[duckonin]

All but Watson are guilty. Watson is the one I believe did not commit a crime.

[Erelyes]

And there's the problem.
Take out the "eye witness", the "brain matter", and the Petone Grand Prix, the Police don't have a case.
If they come up with new evidence (which they are allowed to do), it would have to be pretty good to get a conviction.

And we'll have the issue of compensation passed around the media circus after the not guilty.

Would be a tad easier if we did have Not Proven in this blimmin country. If the retrial = 'not guilty', ya get compo, if the retrial = 'not proven', ya don't. Save some fucking about.

Of course, somehow we have to make, I mean find, jobs for all the kids that go and buy a law degree.

[Hitcher]

"Not proven" wasn't an issue in this case. The jury unanimously determined Lundy's guilt within a few hours of deliberation.

[HenryDorsetCase]

Do we, the taxpayers, really want to pay the cost of a retrial? It won't be cheap.

I pay for a shit ton of things as a taxpayer that we shouldnt be funding. Like our PM's trips to gallivant on the world stage, or my rates paid recently for a woman to go and look at sandcastles in California (true story).

Given that administration of a justice system is kind of a core part of our society, then absolutely we need to run it again.

My personal view (thanks for asking) is that he did it but that the TOD and thus pleece case was compromised. But juries go "Oh yup: blu blockers? Put him away" - and rightly.

If a more accurate TOD can be ascertained (big if: they've been in the ground 12 years odd) then we'll see how it goes.

No one has mentioned John Barlow either. He's out now I think?

[HenryDorsetCase]

And we'll have the issue of compensation passed around the media circus after the not guilty.

Would be a tad easier if we did have Not Proven in this blimmin country. If the retrial = 'not guilty', ya get compo, if the retrial = 'not proven', ya don't. Save some fucking about.

Of course, somehow we have to make, I mean find, jobs for all the kids that go and buy a law degree.

the not proven verdict is from Scots law, which is based on Roman law, not common (English) law. it will never come here unless on a statutory basis - and why would it? its hard enough to get BRD or BOP thru to a jury.

On the whole I am comfortable with the status quo re compensation. And the higher the hurdle is set for Bain the happier I am, convinced as I am that he did it. Even if the Nazionals are being toooootal pricks about it I sort of admire it, even though I hate them. Crusher collins can kiss my arse.