Serial rapist Malcolm Rewa will face a third trial for the murder of Susan Burdett.
Malcolm Rewa in the dock at the High Court in Auckland in December 2017. Photo: RNZ / Edward Gay
Rewa is serving a 22 year prison sentence for the rape of more than 20 women but despite his DNA being found at the scene of the crime and his conviction for her rape, two juries failed to reach verdicts on whether he murdered Ms Burdett.
The Attorney General issued a stay 20 years ago, meaning no further prosecution of Rewa would go ahead.
But following Teina Pora's convictions being quashed by the Privy Council, attorney general David Parker effectively lifted the stay.
Rewa's lawyer challenged that decision but in a decision today from High Court of New Zealand chief judge, justice Venning, confirmed the Attorney General could lift a stay.
Rewa's lawyer Paul Chambers challenged the attorney general's right to lift a stay and said there needed to be an application made to the court.
But Justice Venning ruled there was no procedural bar to lifting a stay. He found that while the decision to lift a stay could be reviewed by the court, he declined to review this particular decision.
The move was made after Teina Pora's convictions for Ms Burdett's murder were quashed by the Privy Council in 2015. He was convicted after a false confession.
The latest judgement also provided insight into the solicitor general Una Jagose's reasons to try Rewa for a third time and were set out in full in justice Venning's decision.
Ms Jagose said after Mr Pora's convictions were quashed, no one had been held accountable for the murder and there was sufficient evidence to support the murder charge against Rewa. There was also public interest in the case.
Justice Venning said although third trials were rare, they had happened.
Rewa's case will come back to the High Court next month where Rewa's lawyer is expected to notify the court on whether there are any other pre-trial issues. That could include an application to dismiss the prosecution. A trial has been set down for eight weeks, beginning in February next year.
