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Bulletin: Mark Lundy; New Zealand; NZME News Service reports that Lundy's appeal "focuses on scientific evidence that he says was too technical for a jury to understand" - and that "other evidence in his favour, including petrol consumption, had to be considered against the weight the Crown put on the scientific evidence."

Previous: Funding of wrongful conviction cases; Major development: In bid to correct more miscarriages of justice, Ontario Legal Aid Plan commits to providing AIDWYC (Association in Defence of the Wrongly Convicted) with $100,000 to help finance expert opinions. AIDWYC says the funding is intended to address the "pressure point" earlier in the process when it is necessary to deconstruct a conviction through other investigations and analysis. "As in the Morin case, overturning wrongful convictions often hinges on challenging forensic evidence presented at trial through new tests and fresh expert testimony, which is expensive. It can also include travel to the crime scene and hiring a private investigator to challenge the work originally done by police." Chair of Legal Aid Plan says, “It is important for lawyers to realize the potential failure of junk science that finds its way into the system and experts who can be fallible."
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Mark Lundy's appeal focuses on scientific evidence that he says was too technical for a jury to understand. The convicted double-murderer's appeal notice, obtained by NZME News Service, said he was also "considering the issue of unreasonable verdicts" because of evidence presented that contrasted the "inherent unreliability" of the scientific evidence. Lundy was found guilty on April 1 of hacking to death his wife Christine and 7 year-old daughter Amber in their Palmerston North home in August 2000. He was first convicted on 2002 but it was quashed by the Privy Council. Lundy's appeal document stated the MRNA evidence - different from DNA evidence - should not have gone before the jury that found him guilty. A key plank of the Crown's case used MRNA evidence to assert brain matter was found in one of Lundy's polo shirts, and that the brain matter must have come from Mrs Lundy. MRNA showed which part of the body cells came from while DNA - which was not present - showed who cells belonged to. Lundy said the defence experts had testified that evidence based on MRNA was "not ready to be used in a forensic setting". He said the judge hearing the case had focused on the area when summing up and gave the jury information showing how complex the science was. "I say it is inappropriate and unrealistic to expect a jury to determine such complex issues of scientific dispute." He said other evidence in his favour, including petrol consumption, had to be considered against the weight the Crown put on the scientific evidence.
http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11458540

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