Rewa loses bid to stop third murder trial

AUCKLAND: A bid to stop a third trial for serial rapist Malcolm Rewa over the murder of Susan Burdett has failed.

An application to the court for a judicial review of the Attorneygeneral’s decision to lift a stay on proceedings and to reinstate the stay was heard in the High Court at Auckland earlier this month before Chief High Court Judge, Justice Geoffrey Venning.

Today, Justice Venning dismissed the applications.

Rewa is serving 22 years in prison for the rapes of Burdett and 24 other women.

Burdett was raped and bludgeoned to death in her Papatoetoe home in 1992.

As part of the homicide investigation, swabs were taken in which semen was detected, but at the time the DNA found did not match anyone in the police databank.

In 1996, the DNA was found to match Rewa’s, and he was arrested and charged with Burdett’s rape and murder on May 13 that year. He was also charged with sexual and violent offences against several other women.

However, by the time Rewa was arrested and charged, Teina Pora had already been convicted of the rape, murder and aggravated burglary of Burdett — with Pora’s trial occurring in June 1994.

Rewa, nonetheless stood trial on all charges from March to May 1998. He was convicted of the sexual assaults on the complainants but the jury failed reach a verdict on the charges of rape and murder for Burdett.

A second trial was held in December 1998 on the Burdett charges alone and the jury convicted Rewa of rape but failed to reach a verdict on the murder charge.

On December 23, 1998, the Solicitorgeneral entered a stay of proceedings in respect of the murder charge against Rewa.

Then, in 2015, following a lengthy and public legal battle, the Privy Council quashed Pora’s convictions for Burdett’s rape and murder.

He had twice been convicted for a crime and spent 22 years in prison. He has since received an apology from the government and $3.5 million compensation.

Last November, the Deputy Solicitorgeneral, Brendan Horsley, on behalf of the Attorneygeneral reversed the 1998 stay on the case, which appeared to clear the way for the third trial.

However, Rewa’s counsel, Paul Chambers, claimed the process was unlawful and the Attorneygeneral has no statutory or other power to lift the stay. Mr Chambers indicated at the hearing last week that he would also apply to have the stay reapplied.

He told the court there was ‘‘no fresh evidence’’ to prosecute Rewa over the unsolved crime.

In his decision, Justice Venning said: ‘‘In the absence of any statutory provision restricting the Attorneygeneral’s power, the common law power to lift the stay still exists. It remains unaffected.

‘‘On its face, the reversal of stay document sets out the grounds for the decision, namely, that given the quashing of Mr Pora’s convictions, noone has been held accountable for a murder, and the evidential sufficiency supporting the murder charge against Mr Rewa.

‘‘There is no evidence before the court of any bad faith on the part of the Attorneygeneral in relation to the decision to lift the stay. The fact the effect of lifting the stay is that Mr Rewa will face a third trial is not, of itself, sufficient to provide justification for the court to review the Attorneygeneral’s decision. Third trials, although rare, have been held in certain cases.’’

Justice Venning directed that any application by Mr Chambers to dismiss or stay the prosecution against Rewa be filed by May 25.

A stay has never before been lifted in New Zealand.