Supreme Court rejects double-murder convict Mark Lundy's bid for third trial

Lundy was jailed for killing his wife and daughter in a 2002 trial, and a 2015 retrial also found him guilty.

Double-murderer Mark Lundy’s appeal to the Supreme Court has been unanimously dismissed.

Five judges agree that no substantial miscarriage of justice has occurred and agree with the Court of Appeal’s decision, and the decisions by two juries, that Lundy is guilty of killing his wife and daughter in their homes in 2000.

Lundy was first convicted of the murders in 2002. A series of appeals followed and the Privy Council granted a retrial, at which Mark Lundy was again found guilty.  

However a piece of evidence used at that retrial was disputed by Lundy’s lawyers and formed the basis of a further appeal, which was later found by the Court of Appeal and now the Supreme Court as inadmissible, meaning it should not have been used as part of the Crown’s case nor put before a jury.

That piece of evidence used immunohistochemistry (IHC) evidence to determine a blood stain found on the shirt Mark Lundy admitted to wearing on the night of the murders, was more likely human than animal. Other evidence already determined the stain was brain or spinal matter.

Lundy’s lawyers argued the fact that the IHC evidence was presented and later deemed irrelevant meant a substantial miscarriage of justice had occurred and should be grounds for a third trial.

However the Court of Appeal determined that even without that piece of evidence the Crown’s case would have been successful and he would’ve been found guilty, and that there was no substantial miscarriage of justice by use of that evidence.

The Supreme Court agrees with the Court of Appeal’s decision, ruling unanimously today that there should be no further retrial.

“Other aspects of the Crown’s case also supported the conclusion that Mr Lundy was guilty beyond reasonable doubt,” Justice Mark O’Regan said.

“Traces of blue and orange paint, the same colours with which Mr Lundy marks his tools, were found on the victims; his daughter’s blood was found on his shirt; and there was evidence the murders had been staged to look like a burglary gone wrong.”

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