A law expert says it could be an awkward predicament for police, if Malcolm Rewa is tried again for the murder of Susan Burdett.
Ms Burdett was raped and murdered in her Auckland home in 1992. Rewa was convicted of her rape, but it was Teina Pora who was twice convicted of her murder.
Pora served 22 years before his convictions were quashed in 2015.
The Solicitor-General has now decided to apply to the High Court to re-try Rewa.
Massey University deputy pro vice-chancellor, professor Chris Gallavin, told Mike Hosking none of the evidence ever pointed to Mr Pora.
"Quite a difficult argument for the police, because the police have to run the line that basically they did a poor job with the first two trials.
"That is something that is a relatively unattractive argument for a High Court judge."
SEE ALSO: Rachel Smalley: Re-trying Malcolm Rewa about justice for Susan Burdett
Rewa's former lawyer Barry Hart fears there's no chance of him ever getting a fear trial.
Hart has spoken to Rewa since the announcement, and told Rachel Smalley it's come as a bit of a shock, but was something that was always at the back of Rewa's mind.
"There's no chance of getting a fair trial, that's the problem. There's no question of standing trial.
"There's been so much adverse publicity. Looking at it from any perspective, there's no chance of a fair trial."
"It just seems incredible unfortunate that you now spend all this time in jail moving towards the prospect of parole, and this comes back to greet him."
But Chris Gallavin said those claims don't stack up.
He said high-profile cases like those of David Bain, Mark Lundy and Clayton Weatherston have already set a precedent.
LISTEN ABOVE AS PROFESSOR CHRIS GALLAVIN SPEAKS WITH MIKE HOSKING
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