Convicted double murderer Mark Lundy has been denied parole.
The 64-year-old brutally bludgeoned his wife Christine and seven-year-old daughter Amber to death with a tomahawk 23 years ago at their Palmerston North home.
Lundy has always maintained his innocence, and in today’s parole board hearing he told panel Convenor Sir Ron Young "I’ll go to my death bed still saying that I did not kill my family, so I can not lie in that respect."
Therein lies the complex problem for the parole board, because the 'safety plan' required for his release must identify situations where there could be a risk of Lundy re-offending. But Sir Ron says due to Lundy's denial of the murders, the safety plan isn’t relevant.
"It’s not really a safety plan because of your denial of offending", Sir Ron said.
Lundy responded saying "I don’t have a high risk of reoffending because I haven’t offended".
After an hour of discussions amongst the parole board, Lundy, and his supporters who were present - the board spent just 10 minutes discussing their decision in private. During which time Lundy chatted with his prison officers and supporters, while nervously fidgeting with his hands as he waited to hear whether he would finally be released from jail.
Moments later Lundy’s face fell as Sir Ron delivered the decision, saying they will not grant him parole because "there are a number of worrying reasons to be concerned about your risk.
Lundy has now served 21 years in prison after his wife and daughter were found hacked to death on August 30th 2000.
The Crown argued he drove home to Palmerston North from a business trip in Petone to murder his family, then immediately returned to Wellington.
He was found guilty at a 2002 trial in Palmerston North, and after an unsuccessful appeal that same year his non-parole period was increased from 17 to 20 years
Lundy’s convictions were quashed in 2013 by the Privy Council and he was released on bail for 18 months, then found guilty again at a retrial in Wellington in 2015.
His life sentence and 20-year minimum term were reimposed. He tried to appeal it in the Court of Appeal and the Supreme Court, however both were dismissed.
His non-parole period ended in August 2022, but the Parole Board declined his release saying they had considerable concern about the lack of a safety plan for his life outside bars.
That safety plan was again the focus in today’s hearing.
Sir Ron described the situation as a 'dilemma', saying it’s an ‘extremely rare murder’ that took a lot of planning, and the fact he murdered his child because she witnessed him killing her mother, makes it an unusual case.
"We are struggling to understand how we would conclude you are no longer a risk."
Sir Ron says the parole board can’t compile any conditions to protect Lundy and the public, when he won’t admit to the crime, which would help them understand the triggers behind the murders.
"It’s difficult to answer because I cannot tell you the motive for something I didn't do." Lundy responded
He also apologised, saying he doesn’t know how to ease Sir Rod’s reservations, "I cannot. I did not commit this crime so there is no way I can allay your problems. I’m sorry.
If Lundy had pleaded guilty, he might not be in prison today.
"If I'd committed an offence I would have put my hand up and said I'd done it."
His lawyer, Julie-Anne Kincade KC, told the Parole Board that denial of offending should not be a barrier to release, he has no history of violence, and his behaviour in prison has been exemplary.
"These are extremely strong factors. It’s rare for the board to have a person such as Mr Lundy
But that’s not enough for the board. Sir Rob told Lundy he will see him again in 2025, which will be 23 years after he was first locked up for violently murdering his family.
Christine’s family says they are 'glad' about the decision, and thought ‘‘woohoo, good job’, when they were told by the parole board Lundy would remain behind bars, because they’d been prepared for it to go the other way.
Lundy's family declined to comment to Newshub, but a group in support of him, the Factual Team, said they are "extremely disappointed" by the decision.
"For 23 years since tragically losing his family, Mark has vehemently maintained his innocence and suffered the injustice and indignity of false incarceration. Yet Mark has stoically served over 20 years detention with the strength and dignity he was known for in the years prior to his wrongful conviction/s," a spokesperson said.
"Justice Young admitted that denial of guilt is not a requirement for parole approval. To do so would be the ultimate catch-22, potentially forcing the convicted to lie in order to get release. Mark has never lied and never will. Not even to gain his freedom."
The spokesperson said the Factual group were hopeful that police would "properly reopen the case and seriously look for the true offender that is still at large".
"Instead, the police have stuck to their guns, re-imagining a second possibility, and presenting even more flawed circumstantial guesses with no actual facts."
They said their fight is "far from over".
"The Criminal Cases Review Commission (CCRC) is still evaluating the strength and safety of the conviction. We are forever hopeful that once again Mark will get the opportunity to profess his innocence and that the Police will be forced to go back to the beginning and properly look at the many unexplained anomalies," the spokesperson said.
"We know that if he was permitted Mark would loudly convey his sincere gratitude to family, friends, supporters, and legal teams that have stood, and continue to stand by him for so many years."
Correction: Mark Lundy's non-parole period ended in August 2022, not August 2023 as earlier reported.
