17 Mar 2015

Trial focuses on food eaten prior to deaths

5:29 am on 17 March 2015

Thick-style fries seen in the stomach contents of Christine and Amber Lundy raise the possibility they ate an unknown meal before they died, an expert says.

Mark Lundy at the start of week four of the trial.

Mark Lundy Photo: RNZ / Alexander Robertson

Mark Lundy, 56, denies murdering his 38-year-old wife and seven-year-old daughter, whose bodies were found in their Palmerston North home on 30 August 2000; the Crown claims Mr Lundy killed his wife for her insurance money and Amber because she saw what he was doing to her mother.

Key points day 25:

  • Forensic pathologist Martin Sage puts the time of death at six to eight hours after the time Mrs Lundy and Amber last ate.
  • Pathologist James Pang said the only certainty around the time of death was that it was within a 14-hour period, between about 7pm on 29 August and 9am on 30 August; at the first trial he said the stomach contents put it about an hour after they ate.
  • Dr Pang did not test for body temperature or rigor mortis at the scene as he did not want to disturb evidence.
  • Dr Pang outlined Mrs Lundy and Amber's injuries and said all were inflicted by a heavy object with a sharp cutting edge and a handle. Mrs Lundy suffered multiple blows to her head and face, while Amber had six cuts to her head.
  • Fries, as well as possibly fish and possibly meat, were seen in Amber's stomach contents.

Police officers were assigned to look after the bodies of Mrs Lundy and Amber respectively, and both reported seeing thick, fish and chip-style fries in their stomach contents.

It was known the pair had bought McDonalds, including fries, a fish burger and chicken nuggets, for dinner.

However, forensic pathologist Martin Sage said both officers' reports of the thicker-style fries in the stomachs of the pair "raises the possibility of some other chips at some other time, other than just the McDonalds".

That was significant because he considered a range of six to eight hours from when they ate as the likely time of death, given the high-fat food in their stomachs and the fact they died during the night, when digestion slowed.

Earlier, pathologist James Pang, who conducted the autopsies, was repeatedly questioned over his apparent about-turn on the time of death compared with the first trial.

Defence lawyer David Hislop, QC, read Dr Pang's evidence from Mr Lundy's first trial, in which he put the time of death at about an hour after they ate their last meal. He based it on both having full stomachs, a lack of gastric odour and a lack of digestion.

However, Dr Pang yesterday said the only thing he was certain of was that they died between when they were last known to be alive - about 7pm on 29 August - and when their bodies were found, about 9am on 30 August.

Mr Hislop repeatedly asked Dr Pang when he changed his mind about the timing, and he eventually said it was after the Privy Council issued its judgement that Mr Lundy should be granted a retrial.

He said he had done a lot of research for his submission to the Privy Council which had involved reading the reports of a number of experts around estimating time of death in forensic pathology.

"So I've not been talked into changing my mind by anyone," Dr Pang said.

There were three other methods used to estimate the time of death - body temperature, body stiffening, or rigor mortis, and body staining.

Dr Pang did not test for body temperature as both victims were female so sexual assault needed to be ruled out; he did not want to compromise that by inserting a long thermometer into their rectums.

He also decided against checking for rigor mortis as he did not want to disturb evidence at the scene by moving the bodies, instead giving preference to allowing investigators to gather vital trace evidence, he said.

Dr Sage said the decision was the right one, although best practice would have been to document it.

Clarification - For the avoidance of doubt, please note that Radio New Zealand reporter Sharon Lundy is no relation to Mark Lundy.