Our sorrow - Lyon family on the death of son Mark and 'sympathy for innocent people affected'

Mark Lyon pictured leaving the Auckland District Court on December 23, 2002. Photo / NZME

The family of Mark Lyon have spoken of how the property magnate and prison inmate spoke of wanting to connect again with family and the community just a day before he died.

Mark Lyon's father Cliff reiterated his family's sorrow over the impact of his son Mark's offending, for which he was sentenced to 15 years in prison.

At the time of his death in Waikato Hospital on Saturday, Mark Lyon was still serving a sentence handed down for drug and sexual violence charges which included offending against girls as young as 14.

Cliff Lyon said the family was "deeply saddened by the change in Mark's personality and behaviour as a result of drugs" and "our sympathy for innocent people affected".

"We stand by that," he said.

However, he said "we owe it to Mark to try to provide some balance" after the publicity that followed his death, particularly in light of the children his son had left behind.

Mark Lyon became a notorious figure from about 2002 after a fire at his Epsom mansion revealed the high-flying property developer had fallen in with gangs while developing an addiction to methamphetamine.

His imprisonment in 2014 came with a non-parole period of eight years which had expired. The Herald was told he was expecting to be released on parole in December.

Athlae and Cliff Lyon are pictured to the right of Rosie and Michael Horton at a 2009 SkyCity event. Photo / Norrie Montgomery

At the time of Lyon's death, he had unsuccessfully appealed against some of the charges of which he was convicted.

Cliff Lyon told the Herald the family considered Mark Lyon as someone who had "great talent, and a real love for his family".

"He has in recent years expressed real remorse for his earlier behaviour and a real wish to be able to connect again with his close family and the community, repeating this the day before he died."

Cliff Lyon also sought to provide context to his son's addiction. He said Mark Lyon had suffered two "events" in 2004 and 2006 which resulted in a fractured skull and extended hospital care.

"A neurologist's report has indicated that these were probable factors in the radical change in his behaviour and life choices with an increased reliance on drugs," he said.

Mark Lyon outside the Auckland District Court in February 2012. His family say his behaviour changed after head injuries in the 2000s. Photo / File

Cliff Lyon also highlighted his son's rejection of some of those convictions for which he was jailed.

"Mark has always denied that he committed the most serious offences of which he was convicted and for which he was still in custody when he died.

"He currently has an application before the Criminal Case Review Commission which challenges those convictions and which is presently under review."

Court records show Mark Lyon's unsuccessful attempts to overthrow the sex crime convictions. He appealed in 2016 against the sexual offences but the Court of Appeal judgment noted that he did not appeal against convictions for methamphetamine supply or firearms possession.

The Court of Appeal rejected Lyon's argument that his trial lawyer, Mark Ryan, had not followed his instructions on how the defence should go ahead and had made it impossible for him to give evidence himself.

Instead, it found Lyon's lawyer had acted in line with instructions and the way he ran the case did not result in a miscarriage of justice.

A further unsuccessful appeal was made to the Supreme Court in 2016 which dismissed the case, supporting the Court of Appeal finding.

Mark Lyon made a further appeal to the Court of Appeal in 2019 on the basis of "fresh evidence".

The Omana Ave, Epsom, mansion that was Mark Lyon's home until it burned in 2002, making public the company he was keeping. Photo / File

The Court of Appeal judgment said the "fresh evidence" was "the product of further investigations by a solicitor and a private investigator" but needed to be put before the Supreme Court or to form the basis for an appeal for the "prerogative of mercy" finding from the Crown.

That appeal for mercy was replaced with the Criminal Case Review Commission in 2020.

In the wake of Mark Lyon's death, the father of one of his victims - aged 14 at the time - said he was glad his daughter's abuser was dead.

Cliff Lyon said a small and private family service would take place to farewell Mark Lyon.