Sunday, June 23, 2013

Time to let Mark Lundy go.

As one of many that haven't followed the Lundy case it always seem that there were obvious hallmarks of a Miscarriage of Justice, it always seemed that there had been undue weight of the fact that he was a 'bad husband' to an extent that fact was 'compensation' for a case with serious flaws in the continuity of evidence.

Following the Privy Council hearing into the case this week the answer is clear Lundy should be let go. The dramatic revelation by the Crown of a letter held on the file secretly for over a decade has, in my opinion destroyed the case against Lundy, a case which was always on one leg anyway and which required a number of near impossibilities to conveniently collide in favour of the prosecution. The letter tell us that the Crown always knew there was recorded on their files a review of the dna sample 'found' some 59 days after the murders of Lundy's wife Christine and daughter Amber. The letter recorded the opinion of nueropathologist, Dr Heng Tong, that the dna was too degenerated to be reliable as to his source or origins and that Lundy should not be convicted on the strength of the cell slides he saw. Enter Officer in Charge of the case Detective Sergeant Grantham who applied for funding to visit a DNA expert, Dr Miller in the United States. Why he needed to go in person is odd and a cynic might believe it was to give Grantham the chance to explain his opinion of Mark Lundy and his 'feelings' about the evidence and what was further needed.

Dr Miller, dear chap, was able to contradict the opinion of the nueropathologist Dr Tong using a novel system of analysis, a immunohistochemical procedure that hadn't been used in the same manner before, it appears only to have been used once in a trial since the Lundy trial and it's safe to say it is unlikely to ever been used again. Particularly so because 3 Professors, all experts in immune-histochemistry, swore affidavits that Miller's methods were fundamentally flawed and, that as Dr Tong had said over a decade earlier, the samples were so downgraded that it was impossible to reach any conclusion of their physical origins.

Grantham would later say that because of Dr Tong's prognosis it was necessary for him to get Dr Miller's opinion. A sceptic would say that Grantham was simply looking for evidence to support his 'position' on the case, otherwise he would have accepted that evidence from Dr Tong should have been made available to Lundy's defence lawyer. Why the Detective Sergeant didn't do that can't have been because of his confidence in Dr Miller's new method, but rather a lack of confidence supported by the revelation that it appears there has only been one other use of the procedure which has led to evidence being given in another trial. The three experts who swore affidavits presented to the Privy Council on the flawed processes of Dr Miller have no doubt sounded the death knoll on the credibility of Dr Miller, no doubt those opinions will relegate his career to having been that of the judicial equivalent of a gun for hire.

I can only imagine the conversations between Miller and Grantham and the lack of objectivity displayed by the Detective Sergeant who, even if he had brought into the 'mad science' of Miller, should have, without question, revealed the prospective evidence of Dr Tong over a decade ago - something which in other jurisdictions, or even within New Zealand should result for calls to have a Conspiracy to defeat the course of Justice investigated.

The 'mad science' didn't stop there in the Lundy case. There was also 'witch sniffing' of a sort where  Dr Pang a pathologist for the police relied on his nose to note the 'distinctive' lack of smell of the stomach contents of the victims to pin point the time of deaths. So confident was he about his nose and 'sniffing' powers he didn't take core temperature tests of the bodies (possibly the most reliable method - but a routine procedure nevertheless,) nor did he weigh the stomach contents in order to be able to scientifically calculate the degeneration of weight due to the digestion process - a far more precise method than the nose of a police pathologist.

So we have brain matter that was found 59 days after the murders, and of which there is no reliable proof that it is in fact brain matter. I'm unaware of how the 'brain' matter was missed for 59 days but it is a characteristic of Miscarriages of Justice that things miraculously 'turn up' in difficult investigations to help gain convictions, 'miracles' that police don't question the validity of but merely accept it as proving their 'gut feelings.' We have literal 'witch sniffing' provided by a pathologist and finally the 'computer' use time (Bain case revisited? - same 'expert' I understand - Martin Kleintjes) being dissolved in favour of Mark Lundy.  This after years of relying on an unproven 'hint' or 'professional opinion' that the remarkable Lundy was not in a different city when his wife and child were killed.

The Crown have no proof that Mark Lundy is guilty, yet he has proof that the Crown withheld evidence and used 'mad science' in order to convict him. Time to let him go.


  1. Not sure about Lundy as not convinced of his innocence. He probably should get a retrial if the scientific evidence was floored but I still think he is the most probable killer. I might have been a bit influenced by the Nigel Latta Beyond the Darklands episode. I sense a repeat of the Bain saga if he is retried, we shall see

  2. Fair enough Rowan. The evidence submitted to the PC has persuaded me that too much of the original Crown evidence was flawed, and, as always in the case of MOJs, flawed in favour of the Crown case.


    Note TV3 have more on the Bain case this Wednesday, I'm picking forensic evidence damning Robin but as you say 'we shall see.'

  3. Cheers Nos
    Yes I saw that and will watch with interest but am sceptical probably it will be like the suppressed evidence after the trial. I don't believe it will change the minds of many, especially the JFRB cult.

    1. Unfortunately I think you are right. For some reason a small part of the population are unable to change their minds, considering having a problem like that - one would think experience would have shown them to be slow and guarded reaching a judgement of this nature on others.
      I thing a couple of the hate-siters who make a meal of defaming David might do well to consider if the closure of The Truth last week was in part the result of pending, or considered litigation, against that now defunct paper.

    2. Wasn't aware of the closure of the truth. The following piece sums up Cameron Slater and his cheap shot on Bain and Karam earlier this year. I think its excellent, really shows him up as the nasty POS that he is and also deals quite nicely with the witch-sniffers arguments about the glasses which 'must have' been broken during the bloody struggle

    3. I have always held the view that the police deliberately bungled the Bain investigation and last nights 3 Degrees item firmly drives home the final nail in the Crowns coffin.
      What remains to be done now is to pay David Bain what he is due and that includes compensation for having to suffer the likes of Judith (copswhore) Collins and her retarded mental patient offsider Cameron (rentboy) Slater.
      It should be blatantly obvious by now to all normal thinking people that the decision not to swab for GSR at the earliest possible time was so that no GSR would be detected.
      Now that the police have been exposed for the fraudsters they truly are the reasons behind their deceit needs addressing.
      It would have only been Robin Bain who could have had the influence over his daughter to remain in her room downstairs whilst he obliterated the rest of his family not David.
      The entire police investigation of the Bain murder/suicide was so inadequate that it could only have been deliberate and designed to cover up their desire to wipe out entirely the Bain family.
      There needs now finally to be an enquiry into police involvement in the under age sex with Robin's daughter(s).
      Kennard must have spent most of his time during last nights program hiding behind his couch after he saw in broad daylight the amount of blow back from the bolt area of the actual murder weapon.
      Collins for her part in all of this is surely duty bound to resign in disgrace.

  4. One point you missed
    It was only after a number of forensic laboratories in New Zealand, Britain and the USA had apparently considered the identification of tissue type as unlikely that the Texan took up the challenge. Based on some work with his own clothing and a chicken, he found he was able to identify tissue fragments on a shirt.
    As you say that evidence is controversial..

    1. Thanks I recall that, further evidence of Grantham's intentions - witch sniffing and chicken entrails.

  5. As soon as Judith (copswhore) Collins was appointed Minister of Justice I posted a reply to one of your items Nos, in terms that could not be published to be fair, that the ‘copswhore’ was appointed to see that David Bain was not compensated for time spent wrongfully convicted of some thing he quite clearly had no involvement in. As it turns out I was not far off the mark.

    She attached to the report a bundle of documents including the police critique, and a separately marked "Appendix B" - a list of 34 points marked "confidentially and legally privileged" criticising Justice Binnie. The document is not headed or signed, but is referred to in Mrs Collins' letter: "A synopsis of other concerns that have been conveyed to me is set out in Appendix B to this letter."

    The top points directly criticise Justice Binnie, saying the language and analysis he used "may give rise to concerns that the judge has 'descended into the arena'." The term describes a judicial officer who has been captured by one side of a case.

    The remaining 33 points highlight detailed points of argument from the case, likely to be known only by those with an indepth knowledge. Among the points are references to Crown submissions from the case - and claims made by the prosecution dismissed by defence witnesses.

  6. Excuse me posting this here. This link is to part of an email from Mike Stockdale Dated 30 September 2012. It is for Kane to see.

  7. That is an email from Mile Stockdale to Judith Collins??????????????

    I can imagine that Collins actually replied to the idiot.