Mark Lundy murder conviction appeal: Defence claims 'brain tissue' test which helped put Lundy away was flawed

Mark Lundy's defence team is making opening statements, in the Court of Appeal at Wellington today, in an attempt to clear his name.

In 2002, Lundy, who is now 58-years-old, was convicted of the murder of his wife Christine and seven-year-old daughter Amber.

In 2013, the Privy Council quashed his conviction and ordered a retrial.

He was re-tried in 2015 and was again found guilty and is now serving life in prison.

This morning, defence lawyer Jonathan Eaton has questioned the reliability of the method of testing of tissue spots found on Lundy's shirt.

The Crown originally argued matter found on his shirt was brain or spinal cord tissue, while the defence argued it could have been on his shirt purely from contamination.

During his opening statement Mr Eaton told the panel of three judges that the science behind it has become "incredibly complex".

Mr Eaton argued the DNA would have been severely degraded and the test could not prove the tissue was human and not animal.

He also argued it should not be up to a jury to determine if testing is reliable or not.

He told the court a lot had changed over 15 years, since Lundy was first convicted.

Lundy was originally expected to appear via video link from prison, but he will now not be appearing.

This appeal is set down for two days.

Lundy convicted in 2002 of murdering wife and daughter

On August 29 2000, Christine and Amber Lundy were found dead in their Palmerston North home.

Mark Lundy's alibi at the time was that he was in Wellington on business and had dinner at his motel room in Petone, speaking to his family at about 5.30pm. A prostitute also visited his motel room.

Police argued he drove at high speed back to Palmerston North, murdered his family and drove back to Petone and was visited by the prostitute.

In 2002, Lundy was convicted of murdering wife Christine and seven-year-old daughter Amber.

But in 2015, the Crown's case had changed. It alleged that Lundy drove to Palmerston North to commit the murders, after meeting the prostitute.

However, Lundy was again found guilty and is now serving life in prison.

Prominent defence lawyer Eaton is arguing there was a miscarriage of justice in the 2015 trial.

Palmerston North based lawyer Ben Vanderkolk is appearing for the Crown.

The appeal continues.