Rare third trial for Rewa?

Malcolm Rewa
Malcolm Rewa
Serial rapist Malcolm Rewa could stand trial for the murder of Susan Burdett for a "very rare" third time, legal experts say.

 

 

After 22 years in custody, the Privy Council yesterday upheld Teina Pora's appeal and quashed his convictions for the 1992 rape and murder of Ms Burdett.

The move has opened the possibilities for a retrial of Rewa.

In 1996, DNA from semen at the scene linked the attack to Rewa, a serial rapist with a modus operandi of offending alone.

Rewa was eventually convicted of the rape of 27 women, including Ms Burdett, but two hung juries could not reach a verdict on charges of murder.

He is currently serving a sentence of preventive detention with a 22-year minimum non-parole period for 24 rapes committed between 1987 and 1996, including 14 years to be served concurrently for Ms Burdett's rape.

Dean of the University of Canterbury's School of Law, Associate Professor Chris Gallavin, said there was "a good chance" that the Attorney-General, on advice of the Solicitor-General, could push for a fresh Rewa murder trial.

"They will be taking a very serious and hard look at the question of the culpability of murder for Rewa. I'd like to think they would've examined this already in some detail," he said.

"What is clear from the Privy Council's opinion is that they have recognised some striking similarities, including the DNA that places him at the scene, and the signature, or trademark, of Rewa offences and the death of Ms Burdett."

Given that the two previous juries were hung on the murder charges, it meant that new evidence would not have to be brought by the Crown.

"Hung juries are different to an acquittal, and you can just start again," he said.

But he suspected Rewa's defence counsel might challenge the move for a third trial, given the length of time that has lapsed.

Dr Gallavin said it was "very rare" to be tried three times on the one charge.

A spokeswoman for the Crown Law Office today said it was "far too early" to say whether Rewa would face a third trial.

"We are reviewing the decision in consultation with the police and family members of the victim as to the issue of a retrial. That's all we can say at this time."

Private investigator Tim McKinnel told Radio New Zealand that he believed a retrial for Rewa was a possible outcome from the Privy Council's decision.

He hinted that there was more to be told about Mr Pora's case that would come out in due time.

"There's a lot of things we want to say in time about this case ... but we really need to be so careful at the moment as we take the next step."

By Kurt Bayer of NZME

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