Surprise witness says Lundy in Petone at time of murders

12.10pm

Mark Lundy's defence team today introduced a surprise witness in their Court of Appeal case against his conviction for murdering his wife and daughter in Palmerston North nearly two years ago.

His lawyers restated their claim to the court, sitting in Wellington, that it was impossible for Lundy to have killed his wife Christine and daughter Amber in their home on August 29, 2000.

The new witness claimed to have seen Lundy sitting in his car on the Petone foreshore, reading, at and after dusk on the day the Crown says Lundy murdered the pair.

David Stanley, an employee of the Petone Working Men's Club told the court he was walking along the beach that day and saw a man he later identified as Lundy sitting in his car and reading.

For the Crown, Ben Vanderkolk questioned the length of time it had taken for Mr Stanley to come forward.

Mr Stanley said he was not a big TV watcher and had only seen "a couple of clips" from newspapers.

He later saw footage of Mark Lundy on television, and told a work colleague the next day he had seen Mr Lundy on the beach.

Mr Stanley's colleague urged him to go to the authorities, which he did not. Soon after he said he was contacted by an investigating solicitor.

In his submission to the court for Lundy, Mike Behrens, QC, focused heavily on a shirt belonging to Lundy on which forensic tests found traces of brain tissue.

This was a minute amount, "when it might have been assumed that the appellant would be well covered with blood and tissue had he wielded the weapon," Mr Behrens said.

It was significant there had been no signs of sweat or smell on the shirt, he said.

He also submitted there were several elements of the Crown's theory about the way the victims met their fate which were "impossible" if Lundy had been the killer.

That included the length of time it would have taken Lundy to drive to Palmerston North from Petone and return, and the amount of petrol used.

Lundy is appealing his conviction for the murders. The Crown is also appealing the length of the 17-year non-parole period imposed on Lundy which they say is too short.

- NZPA