9 Oct 2018
LUNDY v R [2018] NZCA 410
- Citation
- [2018] NZCA 410
- Court
- Court of Appeal
The Court held the mRNA (messenger RNA) evidence inadmissible because it lacked sufficient independent validation, peer review, standards, known error rates and general scientific acceptance to be reliably put to a jury on a highly technical issue; the IHC evidence was admissible because multiple independent neuropathologists replicated and corroborated the results and methodological concerns had been addressed; notwithstanding exclusion of mRNA evidence the Court applied the proviso to s385(1) and dismissed the appeal because, on the remaining admissible evidence (CNS tissue established by I…