UPDATED 3.12PM: The jury in Mark Lundy's retrial has retired for the night.
Lundy's accused of murdering his wife and daughter in August 2000.
After 10 and a half hours deliberating the jury has failed to reach a verdict, and will come back to start deliberating at 10am tomorrow.
Earlier this afternoon jurors asked to rewatch footage that was shown to them as evidence during the seven week trial.
FACT BOX
The charges:
Mark Lundy is accused of killing his wife Christine, and seven-year-old daughter Amber, in the early hours of August 30th, 2000. Their bodies were found by Christine Lundy’s brother Glenn Weggery in their Palmerston North home that morning.
Crown allegations:
The Crown says he did a secret ‘killing trip’ early on the morning of the 30th to kill his wife and daughter.
Defence says:
The defence says Lundy never made the trip, and the stomach contents of the victims prove he was in Petone when they were murdered.
Second trial:
This is his second trial for the crimes, after his 2002 convictions were quashed by the Privy Council in October 2013.
Change in evidence:
On day one prosecutors told the jury they were changing their argument from the 2002 trial – saying the time of death then was thought to be around 7pm on the 29th, but in 2015 the argument is it was the early hours of August 30th.
Was it someone else?
Defence Lawyer David Hislop, QC accused Christine Lundy’s Glenn Weggery of the murders. Police interviewed Weggery for several hours following the murders and David Hilsop says they suggested Weggery did it.
Motive
The Crown says the Mark and Christine Lundy's finances were in a state of catastrophe. They owed money to the suppliers for their sink business, and were struggling to find investors for a winery venture. It says Christine Lundy’s life insurance was a motive.
Science
Jurors have heard from a number of experts – some of the best in their field in the world, about what might have been in the stain on Mark Lundy’s shirt.
All agree it was central nervous system tissue, coming from the brain or spinal cord, but whether it was human or not is not so clear.
Defence says it could’ve come from food.
DNA found in the same stain is millions of times more likely to be from Christine Lundy than anyone else, but could’ve got on the shirt before or after the central nervous system tissue.
The mileage and petrol consumption of Mark Lundy’s car has been closely scrutinised throughout this trial. The Crown says discrepancies prove Lundy did a return journey between Petone and Palmerston North – the defence says this is a myth.
Stomach contents
Helps the defence with that argument. An expert told jurors if Christine and Amber at their dinner at about 6pm, as a Macdonald’s receipt suggests – then by midnight their stomach would’ve been empty. A post mortem done on the victims showed food was present in their stomachs.
Witness X:
Jurors heard from a man who shared prison with Lundy in 2001. X says Lundy told him “he would’ve got away with it, if his daughter hadn’t walked in and seen what he was doing to his wife.” Defence lawyers say the man gave evidence hoping to get something out of it for himself. The Crown says he was offered nothing in return for his testimony.
Timeline
December 1958 Born Mark Edward Lundy
1980 Christine Weggery and Mark Lundy start dating
1983 Mark Lundy and Christine Weggery married.
August 2000 – Christine and Amber Lundy found bludgeoned to death in their home at 30 Karamea Crescent, Palmerston North.
February 2001 - Mark Lundy arrested for their murders
March 2002 - Mark Lundy found guilty of the murders, sentenced to life in prison, 17 years non-parole
August 2002 - Appeal against conviction dismissed, non-parole extended to 20 years
November 2012 – Application to Privy Council made
February 2013 – Application accepted, Privy Council says it will hear Lundy’s case
June 2013 – Privy Council hearing
October 2013 – Lundy’s convictions are quashed by the Privy Council, Lundy is released on bail to a suppressed address
February 2015 – Mark Lundy’s second trial for the murders of his wife Christine and daughter Amber get underway
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