Pora goes to the Privy Council

August 21st, 2013 at 1:00 pm by David Farrar

The Herald reports:

Convicted murderer Teina Pora has formally begun his Privy Council appeal process.

Pora’s lawyers Jonathan Krebs, Ingrid Squire and Tim McKinnel this afternoon filed Pora’s application for leave to further appeal against his convictions for the rape and murder of Susan Burdett and for aggravated burglary in 1992.

The London-based council’s judicial committee will now consider whether Pora should be permitted to argue his appeal.

If leave is granted, his lawyers are hopeful an appeal can be heard early next year. …

Pora’s could be the last appeal from New Zealand to be heard at the Privy Council, Britain’s highest court. His application has gone there because he started the appeal process before the establishment of the Supreme Court in 2004 – now the final court of appeal for New Zealanders.

I think that is the right decision – one should exhaust appeal rights before you look at other avenues.

I suspect the law lords will grant leave, as they probably miss hearing cases from the old colonies 🙂


Lundy gets a Privvy Council appeal

February 14th, 2013 at 8:01 am by David Farrar

Stuff reports:

Mark Lundy has been granted a hearing in front of the Privy Council to appeal his conviction for murdering his wife and daughter.

The three-day hearing will begin in London on June 17, his lawyer David Hislop, QC, told RadioLive this morning.

Lundy is serving a life sentence with a non-parole period of 20 years after a jury found him guilty of killing his wife Christine and daughter Amber, 7, in a frenzied attack in their Palmerston North home in August 2000.

Two years later he was sentenced to a minimum of 17 years, but that was increased by the Court of Appeal after both Lundy and the prosecution appealed.

Everyone is innocent it seems. I wonder if the same totally unknown anonymous person managed to kill the Lundys, Ben & Olivia plus the Swedish tourists.

It is also understood that Lundy’s previous legal team of Wellington lawyer Christopher Stevenson and Keith Becker, now based in Sydney, were to have appealed on the basis of discrediting brain or spinal tissue found on one of Lundy’s shirts during the police investigation.

Having your dead wife and child’s brain tissue on your shirt was fairly damning evidence. That will be the key to the appeal.

Barlow still guilty

July 9th, 2009 at 12:00 am by David Farrar

NZPA report:

Convicted double murderer John Barlow has lost his final bid to have his convictions overturned, as the Privy Council in London ruled against his appeal today. The five law lords that heard Barlow’s appeal tonight announced that while he had an arguable case, on the evidence he was properly convicted by the jury.

“The Board accordingly concludes…that, while the introduction of the misleading evidence…was indeed a miscarriage, no substantial miscarriage of justice actually occured,” the judgement said.

In other words, there was lots of other evidence.

Bain loses bid for acquittal

December 9th, 2008 at 7:47 am by David Farrar

The Privy Council has rejected a bid by David Bain to have im acquitted of the murders of his family, without a trial.

Good. The case deserves a trial to resolve it.