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Teina Pora Police resist opening an investigation

#1 User is offline   REX 

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Posted 27 March 2013 - 05:48 PM

Wed, 27 Mar 2013 3:10p.m.

Attached File  teina-pora.jpg (20.63K)
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Teina Pora was twice convicted of the 1992 rape and murder of Susan Burdett (file)


Police face increasing pressure to review the case against Teina Pora, twice convicted of the 1992 rape and murder of Susan Burdett, with the Maori Party pledging to take it up with the government.

Ms Burdett, 39, was found raped and bashed in her home in the south Auckland suburb of Papatoetoe in 1992.

Pora, then 17, was found guilty of rape and murder at his original trial in 1994. He was sentenced to life imprisonment.

However, a retrial was ordered after serial rapist Malcolm Rewa was found guilty in 1998 of raping Ms Burdett following DNA testing.

The jury couldn't decide on a verdict on a charge of murder.

Pora was again convicted of rape and murder at his retrial in 2000.

But video recordings of police interviews used in the case against Pora are now being used as evidence in a legal challenge which aims to prove his innocence.

In the interviews, shown on TV3's 3rd Degree programme, Pora makes contradictory statements, couldn't accurately describe Ms Burdett and police had to point out to him the house where the murder happened.




Further, a criminal profiler, whose evidence was never presented to a jury, maintains Rewa acted alone when he attacked Ms Burdett, as he did in 26 other rapes, 3rd Degree reported.

Pora's lawyers have applied to the governor-general for the royal prerogative of mercy, under which he can order a retrial or quash Teina Pora's conviction.

Police are refusing to take another look at the file while the application is before the governor-general.

Police Minister Anne Tolley says it's up to Pora to put any new evidence before the police.

"If individuals are holding new evidence then they should put that in front of the police and then I would expect the police to take some action."

Maori Party co-leader Tariana Turia says if police don't review the file, she'll be taking it up with Mrs Tolley.

"It [wouldn't be] the first time police have made a mistake, and if they have made a mistake, they owe it to this young man to at least have justice, if he did not commit that murder."

Police National Headquarters did not immediately return calls.

NZN


Read more: http://www.3news.co....x#ixzz2OiSEkDf6
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Posted 27 March 2013 - 08:04 PM

New Zealand Herald


Twenty years ago Teina Pora was sentenced to life imprisonment for the rape and murder of Susan Burdett. As doubts over the conviction grow, the private investigator fighting to clear his name explains why Pora's alleged confession should not be taken at face value


The murder of Susan Burdett and Teina Pora's subsequent convictions for her rape and murder drifted into public consciousness around the time of Phil Taylor's NZ Herald article on May 19, 2012 , which revealed that New Zealand's first and most experienced criminal profiler, Dave Henwood, held the view that Pora was innocent.

Pora had been convicted in both 1994 and at his 2000 re-trial for the brutal 1992 rape and murder of Susan Burdett. The central plank of the case against him was his video interviews with police where he implicated himself in the attack on Mrs Burdett. Despite the wildly contradictory nature of the confessions, the Crown successfully argued that no one would confess to being involved in such a brutal rape and murder if they were not actually involved. On the face of it, that is a reasonable argument. As it turns out, counter-intuitively, science and history have combined to show people do confess to crimes they are innocent of, at surprisingly high rates.

The emergence of DNA evidence in the criminal justice system over the past 25 years has not only helped catch criminals, it has also freed innocent men and women wrongly convicted of crimes they did not commit. The United States-based Innocence Project has helped exonerate more than 300 innocent people over the past 25 years.

Research shows that 25 per cent of the exonerated had falsely confessed to crimes. Analysis of those cases, and others, shows that there are a number of vulnerabilities that increase the risk that a person might make a false confession. Those vulnerabilities include being a young person, an extended period of time in police custody, having low intelligence, being held in a small space, police use of inducements, and various other interview techniques.

Recent research by psychologists demonstrates that false confessions, once made, also have a tendency to contaminate or taint other aspects of evidence too.

In recent weeks there has been some discussion around Pora's confessions, particularly after the public were able to see portions of the video interviews for themselves on TV3's 3rd Degree programme. It has been suggested Pora's confessions were a brazen attempt to hoodwink police out of reward money on offer. The reality is a little more complicated.

Ms Burdett was attacked in her home on the evening of March 23, 1992. A few days later Pora and some friends were walking through a park in Manukau and found an old worn softball bat down a drain. The group, apparently light-heartedly, speculated whether it was the one that might have been used in the attack on Mrs Burdett. That seemingly innocuous conversation changed several lives forever, most of all Pora's.

When Pora's aunty, who predominantly raised him as her own son, found out about the bat, she made several phone calls to police nominating Pora as a suspect for the murder. Police were initially uninterested. She persisted. Pora was first interviewed about his possible involvement on April 7, 1992. He was co-operative, denied any involvement in the attack and voluntarily provided hair and DNA samples to police, which helped exclude him. Over the following weeks the aunty continued to tell people that Pora was involved, and eventually, on May 28, 1992, he was interviewed by police for a second time. Once more, he was co-operative and denied any involvement in the attack on Ms Burdett. Interestingly, at that time, one of Pora's sisters told police in a statement that his aunty had sat down with a number of family members and suggested to them that they all tell a consistent story blaming Pora for the murder of Ms Burdett. She said they prepared a story based on information gleaned from newspaper articles. The sister later retracted the claim, and said her story about Pora's involvement in Ms Burdett's murder was her own concoction. Nevertheless, over the following months the aunty continued to put forward the view that Pora was involved in Ms Burdett's rape and murder. Police eventually concluded that she was unreliable.

Almost a year after Ms Burdett's murder, Pora was arrested on warrants for unrelated, relatively minor matters and taken into custody. At the time he was 17 years old, in a bitter dispute with senior members of the Mongrel Mob, had a baby girl to care for and was fearful that he would be sent to prison on the warrant-related charges. He was processed on the warrants and approached by a senior police officer. We have recently learned that, just 45 minutes prior to the senior officers approach to Pora, police had received a phone call from an anonymous female claiming that a named Mongrel Mob member had raped and murdered Ms Burdett. When the officer approached Pora for a "general conversation" Pora told him of his troubled life, told the officer he wanted to "go straight", that he felt unwanted by his family and that he knew he was being sought by the Mongrel Mob and police. It was in these circumstances that the discussion about Ms Burdett's murder emerged. When Pora raised the general topic, having already been interviewed about the murder a year earlier, he was quickly informed of a $20,000 reward and the offer of immunity from prosecution if he was able to assist in catching the killer.

Over the following four days the interviews developed from his initial suggestion that he might know something about the murder, to a claim that he took some "Mobsters" to do it, to a claim that he was holding Ms Burdett down during the attack.

As luck would have it for the police, when they suggested the name of the Mongrel Mob member earlier nominated by the anonymous female caller, Pora agreed that he was one of the offenders. That "Mobster" was later cleared by police, primarily because his DNA did not match the DNA from the crime scene. Five days after his arrest on warrants and his ongoing detention and interviews, Pora was charged with the rape and murder of Susan Burdett. The aunty became a key Crown witness in both of Pora's trials and was paid at least one reward.

The investigator

Tim McKinnel is a private investigator whose work has resulted in an application for the Royal Prerogative of Mercy under which the Governor-General can order a retrial or quash Teina Pora's conviction. McKinnel was in the Manukau CIB during three of the four trials relating to Susan Burdett's rape and murder. His misgivings about the safety of Pora's conviction prompted him to research the case while studying for his Masters degree in Criminology and, after leaving the police, he went on to conduct his own investigation which has produced new evidence and has exposed flaws in the Crown case which point to Pora's innocence. This week is the 20th anniversary of Pora's arrest. He makes his 11th appearance before the Parole Board next month.


http://www.nzherald....jectid=10872994





Some interesting background.
The NZ Police are as bad as ACC Assesors to try and get them to change their mind.
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Posted 03 April 2013 - 10:55 PM

Wed, 13 Mar 2013 8:30p.m. 3rd Degree
VERY INTERESTING...
30 min41, seconds Video clip,,Video on demand


http://www.3news.co....36/Default.aspx
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Posted 16 April 2013 - 11:38 PM


Parole denied for convicted murderer


ROB KIDD Last updated 15:24 16/04/2013 Posted Image

CLAIMS INNOCENCE: Teina Pora has denied being involved in the killing of Susan Burdett since his arrest and conviction for her murder.

Convicted murderer and rapist Teina Pora has been denied parole after he was found with contraband in his cell this year.

Pora was convicted in 1994 for the rape and murder of Susan Burdett, 39, who was found bludgeoned to death in her Papatoetoe home.

She had been beaten with a softball bat in her bedroom.

Pora was sentenced to life imprisonment and was convicted after the second of two jury trials, which was eventually upheld by the Court of Appeal.

Pora's lawyers said there was no direct evidence that linked him to the scene, and that he was convicted largely because of a false confession.

He was seen by the board last week, when it reserved its decision, but today it was confirmed he would remain in prison for at least another six months.

In January, Pora was found with prohibited items in his cell, "including a lighter, a screwdriver and an objectionable item".

During a parole hearing in July it was highlighted that his reintegration into the community should be carefully planned and executed, which resulted in four home leaves for periods of four to 12 hours without incident, and Pora had been on release to work since September.

Since his misconduct, his home leaves were stopped and for "other reasons" he was stood down from release to work from January 31 for three months.

"It is recommended by the Corrections Department that a whanau hui take place either before or after Mr Pora's release," the board's ruling said.

"He has strong support from the church and family members. But neither he, nor they, have presented a strong detailed release plan." Pora is undergoing one-on-one psychological counselling, and the board said that was essential in addressing his recent "troubling" behaviour.

Another parole hearing will take place in six months, rather than the usual 12, to check on his progress.

- © Fairfax NZ News

Source { http://www.stuff.co....victed-murderer }



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Posted 06 May 2013 - 01:44 PM


Greens call for review of Pora conviction
By Isaac Davison 6:50 AM Monday May 6, 2013

Source { http://www.nzherald....jectid=10881711 }
The Greens have joined the Maori Party in calling for a review of the jailing of Teina Pora, who has served 20 years for the rape and murder of Auckland woman Susan Burdett.

Green Party justice spokesman David Clendon has written to Police Commissioner Peter Marshall to demand an investigation into the prosecution and conviction of Pora for the 1992 murder.

He was responding to a documentary made by Auckland filmmaker Michael Bennett shown on Maori Television last night.

The documentary featured experienced barrister Marie Dyhrberg, who revealed that of all her cases she believed most strongly that Pora was innocent.

Mr Clendon said serious misconduct by police was rare in New Zealand, but he felt it was important to maintain the public's faith in the justice system by holding a review.

"It's not only important for the stakeholders in this case, but for people watching that documentary - they're going to have to wonder about the integrity of the justice system if a case like this can lead to a 20-year sentence.

"People need to be confident that the justice system will respond when new evidence comes to light, or where some doubt is cast on a prosecution. Whether the conviction is found to be valid or invalid, at least we'll get an outcome that people can believe in."

Pora's conviction in 1994 was based on his contradictory statements and testimony by witnesses, at least three of whom were paid by police.

Mr Clendon: "It seemed extraordinary that the original so-called confession was ever considered valid. [Pora] obviously had no clue about what had happened or where, and couldn't identify the victim in any way."

Pora was found guilty at a retrial in 2000 which came after the semen in Ms Burdett's body matched the DNA of Malcolm Rewa, a prolific rapist who usually attacked alone.

Maori Party co-leader and Associate Minister of Corrections Pita Sharples said in March that he supported a royal prerogative of mercy to reopen Pora's case after a separate documentary on TV3 shed new light on possible inconsistencies in the conviction. That documentary followed Herald investigations into the case.

A royal prerogative requires the Governor-General to refer a case back to the courts.

Justice Minister Judith Collins said last month that the Ministry of Justice required more information from Pora's lawyers before any decisions about a prerogative of mercy could be made.

Pora's legal team is now believed to be putting an application for a prerogative of mercy on hold and is instead seeking to have the conviction quashed by the Privy Council. Court of Appeal cases heard before the establishment of the Supreme Court in 2004 can be referred to the Privy Council, the highest British court.

By Isaac Davison
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Posted 22 June 2013 - 12:00 PM

Further information about this case


Ruling soon on Pora's court order
By Phil Taylor 5:30 AM Saturday Jun 22, 2013
Source { http://www.nzherald....jectid=10892152 }

Posted Image
Susan Burdett

A judge is expected to rule next week on a claim by Teina Pora that police are in breach of a court order directing them to provide information for his appeal over a 30-year-old rape and murder.

Pora's representatives sued the police last year and won an order for police to supply information held by the ESR. It is understood they claim police have not complied.

Pora wants access to the information for a bid to gain an appeal before the Privy Council.

Detective Superintendent Andy Lovelock said police had a view, but he was not prepared to comment.

Mr Lovelock said it was logical to retest exhibits from the case as DNA techniques improved.

Pora was twice convicted of the 1993 rape and murder of Susan Burdett. Malcolm Rewa, whose semen was found in her body, was convicted of her rape.

Rewa was convicted of sex attacks on 24 other women acting alone in all instances.

No physical evidence was found to indicate Pora was present.

Pora was convicted on the basis of a confession which a world expert on false confessions has described as "fundamentally flawed" and motivated in part by a $20,000 reward.

The view of Pora's team is that Rewa alone was responsible and that information held by the ESR may help to demonstrate that.

The case has divided police. The police's criminal profiler, whose expert evidence convicted Rewa of the other 24 cases, is among those who believes Rewa acted alone.

Rewa was convicted of raping Ms Burdett, but two juries could not decide on a murder charge.

Pora was convicted a second time in 2000 when the prosecution argued that Pora and Rewa acted with one or two other men.

But police did not make further inquiries for 10 years until private investigator Tim McKinnel began reviewing the case on behalf of Pora.

"The irony is their own expert has been telling them since 1996 there is no second or third offender - only Rewa," Mr McKinnel said.

By Phil Taylor
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Posted 26 June 2013 - 04:03 PM


Teina Pora case: Police finally release forensic evidence
By Edward Gay @edwardgay 2:18 PM Wednesday Jun 26, 2013
Source { http://www.nzherald....jectid=10893134 }

Posted Image

Teina Pora at his retrial in the High Court at Auckland in 2000. Photo / TV3 Police have released forensic evidence to defence lawyers in the Teina Pora case - 16 months after a court order told them to.

Pora's lawyers have been asking police for forensic evidence for some time and in February 2012 consent orders were made in court.

The matter was back at the High Court of Auckland earlier this month where it was revealed police have only recently handed that evidence over to Pora's lawyer Jonathan Krebs.

Mr Krebs told the court that he had only just received a package from police and raised concerns about why the police had taken so long.

He said he was also worried that the police may have carried out further tests on the exhibits without consent.

The evidence is being reviewed by forensic expert Dr Anna Sandiford, employed by Mr Krebs.

The developments in the 30-year-old case were discussed in a telephone conference two weeks ago between Pora's lawyers, police and ESR.

The decision by Justice Paul Heath was released to APNZ only today.

The judge has asked the police to explain why it has taken so long to release the evidence to Pora's lawyers.

Justice Heath has also ordered Dr Sandiford to serve her report on the police and ESR.

Crown lawyers for the police will have a chance to reply to the report before another telephone conference is held.

The move comes after Pora's representatives sued the police last year and won an order for police to supply information held by the ESR.

Pora wants access to the information for a bid to gain an appeal before the Privy Council.

He was twice convicted of the 1993 rape and murder of Susan Burdett. Malcolm Rewa, whose semen was found in her body, was convicted of her rape.

Rewa was convicted of sex attacks on 24 other women acting alone in all instances.

No physical evidence was found to indicate Pora was present.

Pora was convicted on the basis of a confession which a world expert on false confessions has described as ``fundamentally flawed``and motivated in part by a $20,000 reward.

The view of Pora's team is that Rewa alone was responsible and that information held by the ESR may help to demonstrate that.

The case has divided police. The police's criminal profiler, whose expert evidence convicted Rewa of the other 24 cases, is among those who believes Rewa acted alone.

Rewa was convicted of raping Ms Burdett, but two juries could not decide on a murder charge.

Pora was convicted a second time in 2000 when the prosecution argued that Pora and Rewa acted with one or two other men.

But police did not make further inquiries for 10 years until private investigator Tim McKinnel began reviewing the case on behalf of Pora.

Mr McKinnel has previously said the police have been told by their own expert that there is no second or third offender only Rewa.

By Edward Gay
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Posted 01 August 2013 - 11:35 AM


Rape victim: innocent man in jail
By Phil Taylor 5:30 AM Thursday Aug 1, 2013
Source { http://www.nzherald....jectid=10906285 }
A woman attacked by serial rapist Malcolm Rewa two weeks before Auckland woman Susan Burdett was murdered says she believes Rewa was Ms Burdett's killer and that an innocent man has spent 20 years in jail.

Teina Pora, a 16-year-old car thief, was convicted in 1994 of Ms Burdett's rape and murder, while Rewa was convicted of her rape four years later.

"There are so many reasons I can see based on my experience and what I know of both cases that make it really impossible for me to believe that Pora was even there," the woman told TV3 show Third Degree last night.

The woman was abducted by Rewa as she returned to her car in Parnell after a night out in March 1992. "I can still remember how painful it was. It was like nothing I'd ever imagined. Nothing," she said.

"Based on how hard I'd been hit and how much pain I was in, I hate to think if I'd had to suffer any more blows to the head I might not be sitting here."

She said it was clear Rewa wanted complete physical control and no engagement. "And so I gave him what he wanted and that very possibly saved my life.

"To me it's perfectly logical that if somebody at that level of violence at that time, that if someone had fought back, like Susan Burdett, that they would end up potentially dead."

She wanted to see Rewa tried again for Ms Burdett's murder. Rewa was smart enough to get away with multiple attacks for many years, to avoid leaving fingerprints and, after DNA evidence became admissible, to avoid leaving semen, she said. "And ... he has an erectile dysfunction issue. I don't believe there is a guy on this planet that would believe a guy like that [would] be prepared to have somebody else find out."

The show also revealed that before Pora's first trial police believed Burdett was attacked by a serial rapist but did not disclose this to Pora's lawyers. Mark Williams, a senior detective, had "concluded" as early as 1992 that the same unknown man was responsible for three earlier rapes and that he thought he was also Burdett's attacker. He asked the ESR to compare crime scene samples that year and in 1993 specifically asked for a DNA comparison.

Rewa was eventually linked by DNA to all four attacks but the only known record of confirmation of a DNA link is dated May 1995, the year after Pora was convicted.

Criminal Bar Association president Tony Bouchier, a former detective, told the show the fact these inquiries were under way "certainly should have been disclosed". It could have been grounds to have Pora's trial adjourned pending the results.

Assistant commissioner Malcolm Burgess told the show that in his view the relevant known evidence at the time was presented to both Pora juries and he didn't accept it was time for a police review.

Mr Burgess said some Crown witnesses who gave evidence had received reward money for information. He said police record-keeping about this was "not as precise as perhaps it should have been".


The back story

• Teina Pora was convicted in 1994 of raping and murdering Susan Burdett in her home. He was convicted again at a retrial in 2000. New expert evidence suggests he may have been convicted on a false confession. An increasing number of experts and some former senior police officers believe he is innocent. He is preparing to appeal to the Privy Council.

• Malcolm Rewa was convicted in 1998 of raping Ms Burdett after his semen was found at the scene. Two juries could not reach a decision about whether he murdered her. Rewa is serving preventive detention for attacks on 25 women.

• TV3 show Third Degree last night revealed that police did not disclose before Pora's first trial that inquiries were under way to link Ms Burdett's rapist and killer with a serial offender who had raped three other women. The police said they were confident all relevant, admissible evidence was disclosed.

By Phil Taylor
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Posted 03 August 2013 - 02:54 PM


Teina Pora case: Police fear miscarriage of justice
By Phil Taylor 5:30 AM Saturday Aug 3, 2013

Source { http://www.nzherald....jectid=10907529 } In an unprecedented move, the Police Association is calling for an independent inquiry into the conviction of Teina Pora, who is now into his 21st year in prison for the rape and murder of Susan Burdett.

President Greg O'Connor told the Weekend Herald that the request was the first in the 16 years he has led the association, which represents rank-and-file police officers, but he believes it is justified on this occasion.

It should not be run by the police but could be a ministerial inquiry conducted by a Queen's Counsel. "It's a justice-sector issue. It's not a police issue. The police can't walk up to the prison and say, 'Let him out'."

Mr O'Connor said there were sufficient issues that raised the prospect that a miscarriage had occurred, and significant disquiet among police.

"This is a case that really does need a review. There are enough experienced police from the time and even from now who are uncomfortable with the fact that Teina Pora is in prison for this crime."

The association was hearing concerns from more and more police, he said. "I think it is one that needs a review quite quickly."

Mr O'Connor said there had always been a number of police, particularly in South Auckland, who weren't comfortable that Pora was the offender, and had been surprised when he was convicted at his second trial.

The Weekend Herald first revealed in May last year that the detective whose expert testimony convicted Malcolm Rewa of raping Ms Burdett believed Pora was wrongly convicted of her murder.

In 1996, DNA testing showed the semen inside Ms Burdett, who was killed in 1992, belonged to Rewa, a serial rapist who was unknown at the time of Pora's trial but was convicted in 1998 of raping her.

Detective Dave Henwood, a multi-award-winning criminal profiler, said there were no doubts in his mind Rewa committed the crime alone, and that Pora was innocent.

Since then, more doubt has been cast on Pora's conviction, including revelations on TV3's Third Degree this week that a woman raped by Rewa two weeks before the attack on Ms Burdett said she, too, believed an innocent man was in jail.

The programme also discovered that before Pora's first trial, police had believed Ms Burdett was attacked by a serial rapist but did not disclose this to Pora's lawyers.

Yesterday, Mr O'Connor said some police were cynical of what he termed "the innocence industry" and Pora's case might have suffered as a result.

"This one appears to have much more substance to it. Most of these campaigns to release people are pretty fanciful and draw pretty long bows, whereas there are sufficient doubts among quite senior detectives, and the public, that this is one that is worthy of a review."

The Labour Party, Maori Party and the Criminal Bar Association have also called for an inquiry.

Justice Minister Judith Collins said last night that it would be "completely inappropriate" for her to intervene while Pora's legal team were preparing an appeal to the Privy Council.

Meanwhile, the investigator who says there is new evidence to show Pora is innocent has accused the police hierarchy of being myopic, selective and wasting public money.

Tim McKinnel, a former police detective, has collected new expert opinion evidence that concludes Pora gave a false confession and that Rewa attacked Ms Burdett on his own.

He has questioned the police's refusal to review the whole case and attacked its claim that Pora, Rewa and an unknown third man were involved.

"This talk of a third offender is not supported by any evidence other than Teina Pora's (false) confessions. I can't see how they can justify spending probably tens of thousands of taxpayers' dollars on this ridiculous search for somebody that any objective review will show doesn't exist.

"If they were genuinely looking for a third offender, why did they do nothing for 10 years?"

Police were prompted to begin work on the Burdett file again when Mr McKinnel and barrister Jonathan Krebs began an investigation on behalf of Pora four years ago. "The issue I have (with the police's approach) is why embark on this expensive forensic search when there is a whole area of psychological science that has developed since the trials and not examine that?" Mr McKinnel said.

Pora's team has twice taken the police to court to try to force them to hand over information. Police have said that each request has been assessed in terms of the Official Information Act and privacy laws.

Assistant Commissioner Malcolm Burgess and Detective Superintendent Andy Lovelock were unavailable.

Pora is seeking legal aid for his Privy Council appeal. Mr Krebs said he would otherwise pay for it or seek alternative funding.


The Teina Pora file

Back story

• Teina Pora was convicted in 1994 of the rape and murder of Susan Burdett in her home. He was convicted again in a retrial in 2000. New expert evidence suggests he may have been convicted on a false confession. An increasing number of experts and some former senior police believe he is innocent. He is preparing to appeal to the Privy Council.

• Malcolm Rewa was convicted in 1998 of raping Ms Burdett after he was linked to semen from the scene. Two juries could not reach a decision about whether he murdered her. Rewa is serving preventive detention for solo attacks on 25 women.

• TV3's Third Degree this week revealed that police believed Burdett's attacker was a serial rapist before Pora was put on trial but did not disclose this to his lawyers.

Herald revelations

• The police's own expert criminal profiler - whose evidence was key to convicting Rewa - has "no doubts" that Pora is innocent.

• The world's leading expert on false confessions says Pora's confessions are "fundamentally flawed and unsafe".

• A second senior officer involved in the Burdett case has written to the police commissioner with concerns about Pora's conviction.

• Police paid key witnesses but have refused to release details.

• A British profiling expert says it is "highly unlikely" Rewa would have worked with anyone, let alone Pora.

By Phil Taylor
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Posted 04 August 2013 - 05:24 PM


Teina Pora case: Labour calls for review
1:41 PM Sunday Aug 4, 2013
Source { http://www.nzherald....jectid=10908139 }
The Labour Party has joined the chorus of voices calling for urgent attention to be paid to the case of Teina Pora, who is now into his 21st year in prison for the rape and murder of Susan Burdett.

In an unprecedented move, the Police Association earlier this week called for an independent inquiry into the case - the first such request in at least 16 years.

Labour's justice spokesman Andrew Little said there was now nothing stopping Justice Minister Judith Collins from setting up an inquiry into the case, and in light of the Police Association's position, she should now give the issue her urgent attention.

"There is overwhelming evidence in the public arena that Teina Pora's conviction is unsafe and that a miscarriage of justice has been done.

"Just as overwhelming is the growing number of calls for a genuinely independent inquiry into the conviction, and when the Police Association representing rank and file police officers supports those calls, then they must be taken seriously."

Ms Collins had said she could not do anything because there might be an appeal to the Privy Council, but no appeal had been lodged so there was nothing stopping the minister, Mr Little said.

"Any minister of justice should be seriously concerned whenever there is a credible claim of miscarriage of justice and should act promptly to establish the facts and ensure public confidence in the police and judiciary is not unnecessarily undermined.

"The fact that the Teina Pora case is just one of several high profile cases of alleged miscarriage of justice confirms my view that New Zealand should now consider setting up an equivalent to the UK Criminal Cases Review Commission as a standing Fully independent body to deal with such cases."

The Weekend Herald first revealed in May last year that the detective whose expert testimony convicted Malcolm Rewa of raping Ms Burdett believed Pora was wrongly convicted of her murder.

In 1996, DNA testing showed the semen inside Ms Burdett, who was killed in 1992, belonged to Rewa, a serial rapist who was unknown at the time of Pora's trial but was convicted in 1998 of raping her.

Detective Dave Henwood, a multi-award-winning criminal profiler, said there were no doubts in his mind Rewa committed the crime alone, and that Pora was innocent.

Since then, more doubt has been cast on Pora's conviction, including revelations on TV3's Third Degree this week that a woman raped by Rewa two weeks before the attack on Ms Burdett said she, too, believed an innocent man was in jail.

The programme also discovered that before Pora's first trial, police had believed Ms Burdett was attacked by a serial rapist but did not disclose this to Pora's lawyers.

- APNZ


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#11 User is offline   netcoachnz 

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Posted 05 August 2013 - 02:16 PM


Collins looking into inquiry for Pora case
By Brendan Manning 5:30 AM Monday Aug 5, 2013

Source { http://www.nzherald....jectid=10908262 }

Minister seeking advice after convicted man's lawyer says appeal can wait on investigation.


Ms Collins said she was now seeking advice from officials. Photo / Mark Mitchell Justice Minister Judith Collins is seeking advice on whether to hold an independent inquiry into the Teina Pora case.

Pora was convicted in 1994 of the rape and murder of Susan Burdett in her home. He was convicted again in a retrial in 2000; however new expert evidence suggests he may have been convicted on a false confession.

An increasing number of experts and some former senior police believe he is innocent.

A spokeswoman for Ms Collins said the justice minister had previously refused to comment on the case because it was potentially subject to judicial proceedings as Pora's lawyer, Jonathan Krebs, was considering seeking leave to appeal the case to the Privy Council.

However, Ms Collins said she was now seeking advice from officials after hearing Mr Krebs would prefer an inquiry be held before taking it to that point.

Mr Krebs welcomed the opportunity to discuss the possibility of an inquiry with her.

"I have said if the minister, with the greatest of respect, thought it was appropriate to have a discussion with me about the nature of our case ...

then I'd be more than happy to engage in those discussions on a completely confidential basis before we file the Privy Council leave application."

However, Mr Krebs said he didn't want Pora to become a political football.

"I mean he's been in custody now for more than 20 years and if it's ultimately demonstrated that the conviction was wrong and then it's further demonstrated that he was in fact innocent ... then this will probably be the most serious injustice in recent times anyway."

All he wanted was for Pora's alleged wrongful imprisonment to be addressed.

"It's a question of which will be the quickest route to that course. If I could be given some sort of an assurance that I could talk to Teina and say 'hey, let's hold off on your appeal, let's appear instead in front of some sort of inquiry', then I think Teina would probably go along with that."

However, if Ms Collins thought the Privy Council was a more appropriate avenue for hearing Pora's appeal, "then that of course is the way it must be", Mr Krebs said.

He said he was donating his time pro bono because he believed passionately in Pora's cause. Philanthropists had suggested they were prepared to donate funds to help with the appeal process and their assistance was welcomed, Mr Krebs said. "I'm convinced that we have an extremely strong case."

Malcolm Rewa was convicted in 1998 of raping Ms Burdett after he was linked to semen from the scene. Two juries could not reach a decision about whether he murdered her. Rewa is serving preventive detention for solo attacks on 25 women.

TV3's 3rd Degree last week revealed that police believed Burdett's attacker was a serial rapist before Pora was put on trial but did not disclose this to his lawyers.

- additional reporting Claire Trevett

- APNZ


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#12 User is offline   netcoachnz 

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Posted 06 August 2013 - 12:06 PM

There is a question being asked in Parliament today

TE URUROA FLAVELL to the Minister of Police: Is the Government taking any action in response to the unprecedented recommendation from the Police Association to call for an independent inquiry into the conviction of Teina Pora; and does she agree with what President Greg O'Connor describes as significant disquiet among police who are uncomfortable with the fact that Teina Pora is in prison for this crime?
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Posted 06 August 2013 - 09:29 PM


Teina Pora case gathers support
By Kate Shuttleworth @K8Shuttleworth 7:51 PM Tuesday Aug 6, 2013

Source { http://www.nzherald....jectid=10909071 }


The belief that convicted rapist Teina Pora is innocent is gaining momentum among key political figures.

Act Party leader John Banks was police minister at the time Pora was charged with murder, and at that time was convinced Pora was guilty.

"I believe Teina Pora wasn't at the place at the time on all the evidence I now have, and believe he didn't commit this crime."

Mr Banks is joining the Police Association, the Maori Party and the Opposition in questioning the conviction after an investigation by TV3's Third Degree.

"I have no concerns about how they handled the case at the time, but I have concerns talking to police officers since that a travesty of justice of a great proportion has happened."

Prime Minister John Key also has concerns, saying he is "inquisitive" about the new information received about the Teina Pora case.

However, Mr Key said the Government should stay out of the way until the appeals process is exhausted.

He was asked today if any inquiry into the case should be held, and said there were two paths that Mr Pora's lawyer Jonathan Krebs could take:

"One is obviously an appeal to the Privy Council and the second pathway is one more of negotiation. Our understanding is they're still going down the Privy Council route.

"It's highly unusual for the Police Association to make the moves that they did on Saturday night, but it's best if it's handled by the minister," Mr Key said.

The Police Association joined the call for the independent inquiry into the conviction of Pora, who is serving his 21st year in prison for the rape and murder of Susan Burdett.

"It's about time there was an independent inquiry, especially when senior detectives, who have a great knowledge of the case, start of have their doubts," Association president Greg O'Connor said.

NZ First leader Winston Peter said he thought Pora was innocent.

"This looks like a tragic case. Don't forget he presented himself as a witness at the start and that got the police going.

"They had critical information on the DNA which they should have made available to the defence in his trial and they didn't. That's a serious breach of the rules."

Justice Minister Judith Collins has shut down any calls for an inquiry into the case.

She previously refused questions on the case, but today told media that an inquiry would not be held.

She said an appeal to the Privy Council was likely as Mr Krebs had told her ministry yesterday he wanted to pursue the case.

"That is absolutely his right to pursue and I can't step all over the court system just to score political points or to win a popularity contest."

Ms Collins said today if people had complaints about police, the Independent Police Conduct Authority (IPCA) was the correct body to lay a complaint with.

She said anyone who had an interest in the case should be deciding if they were serious enough to put an application to the IPCA.

"I'm certainly not going to make a comment on whether or not they should be sent there, but it's all very well to make all sorts of allegations, but there is already this authority that was set up not that long ago to look into matters like this."

apnz gf

- APNZ


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#14 User is offline   netcoachnz 

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Posted 06 August 2013 - 09:33 PM


PM 'inquisitive' of rape case


MICHAEL FOX Last updated 17:02 06/08/2013

Source { http://www.stuff.co....ve-of-rape-case }


Prime Minister John Key says he's ''inquisitive'' about claims of a miscarriage of justice relating to the conviction of Teina Pora, but cautions it's not the place of the Government to intervene. Justice Minister Judith Collins is also refusing to bow to mounting pressure for a review of Pora's conviction saying he is one of several people seeking a pardon or compensation and that each case must be given the same consideration.

Pora was twice convicted for the rape and murder of Susan Burdett, a crime which he denies, and has spent 21 years in prison for.

Recently, a number of issues have been raised over the conviction and pressure is mounting from groups, including the Police Association who are doing so in an unprecedented move.

Opposition MPs have also called for an independent inquiry into the case.

Key has said he was curious about the case, but said it needed to go through the right avenues.

Collins said today that Pora and his team would have to go down the appropriate avenues - apply for the Royal Prerogative of Mercy or appeal to the Privy Council.

Pora's appeal for a pardon has stalled pending more information while his lawyer Jonathan Krebs was to appeal to the Privy Council.

Collins said Pora was one of 15 people currently applying for a pardon or compensation and all cases had to be given the same consideration, she said.

''At the moment we have 15 different applications for either a pardon or for compensation so I have to treat each of those in the same way, as much as I can as fairly as I can, that's exactly what I'm doing.''

Collins said the Independent Police Conduct Authority was the right body to investigate allegations including that police did not reveal to Pora's defence team that they were looking for a serial rapist.

''I would have thought anyone who has those stories should be deciding if they are serious enough to put an application in. I'm certainly not going to make a comment on whether or not they should be sent there.'' she said.

''If they don't lodge it and they don't take any action it's hard to take any other action and with the court matters there may well be evidence that still has to be given and I think that's the right body for it to go to.''

She could not progress Pora's stalled application for a pardon because the enquiry was waiting for the extra information, she said.

''There's not much else that I can do or that the Ministry of Justice can do unless Mr Pora's lawyers put in the information that's been asked for.''

Key said the Government should ''should stay out of the way until that process is exhausted''.

He was aware of the concerns about police conduct in relation to the case.

''I suppose I'm inquisitive to them because its highly unusual for the Police Association to make the moves that they did on Saturday night, but it's best if that's handled by the Ministry of Justice.''

Revelations around the case have included that semen inside Burdett belonged to serial rapist Malcolm Rewa who was convicted in 1998 of her rape, while police involved in the case have said they had doubts about the conviction.

One of Rewa's victims also told TV3's Third Degree recently that she did not believe Pora was guilty.

It also revealed that police believed Burdett was attacked by a serial rapist, but did not tell Pora's defence team.

- © Fairfax NZ News


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#15 User is offline   netcoachnz 

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Posted 07 August 2013 - 11:19 AM

5. TE URUROA FLAVELL (Co-Leader—Māori Party) to the Minister of Justice: Is the Government taking any action in response to the unprecedented recommendation from the Police Association to call for an independent inquiry into the conviction of Teina Pora; and does she agree with what President Greg O’Connor describes as significant disquiet among police who are uncomfortable with the fact that Teina Pora is in prison for this crime?

Hon JUDITH COLLINS (Minister of Justice) : There are two legal avenues for Mr Pora. In 2011 he lodged an application with the Governor-General for the royal prerogative of mercy or a pardon. This application has been on hold as Mr Pora’s lawyer wished to provide additional evidence to be considered. So that is still open. The second avenue is for Mr Pora to appeal to the Privy Council. The Privy Council may either quash Mr Pora’s convictions or order a retrial, which could result in Mr Pora being found not guilty. Mr Pora’s lawyer has advised that he intends to apply to the Privy Council and he is currently finalising papers for this. It is for the courts to decide whether a person is guilty of any crime—not the Government. It would not be constitutionally appropriate for the Government to launch yet another Government inquiry into the police investigation or any other aspects of Mr Pora’s convictions until Mr Pora has completed his legal options. If Mr Pora has new and compelling evidence, then that needs to be presented by his lawyer in the proper way to the proper authorities—that is, to the courts or the Governor-General. The third avenue of inquiry that could be initiated by the Police Association or any other affected person, including Mr Pora, is to lodge a complaint with the Independent Police Conduct Authority, which exists for the purpose of independently inquiring into any allegations of police misconduct.

Te Ururoa Flavell : I raise a point of order, Mr Speaker. I appreciate the explanation given by the Minister—it was pretty full—but I did ask a question around whose responsibility this is. She did explain that it fell within the avenues available to Mr Pora and, of course, to his supporters, but the question starts “Is the Government taking any action …”. I am just seeking clarification as to whether the Government under the Minister’s realm has any plans, has any action, can take any action, over this case. I am just seeking some clarification around that.

Mr SPEAKER : The Minister might like to elaborate, but it was pretty clear to me in the answer that the Minister was saying it is not the role of the Government at this stage because there are two other courses of action available.

Hon JUDITH COLLINS : I can add, I think. I am happy to add for the member’s benefit that there already is an inquiry, and that is the inquiry under the royal prerogative of mercy, which is for a pardon. That inquiry has not progressed further since 2011 because Mr Pora’s lawyer has said that he wants to present more evidence to it. Until he does, then it really cannot progress further. So there already is an inquiry.

Te Ururoa Flavell : Thanks to the Minister. What impact does she think the accumulated impact of the police conduct, the police investigation, and their very public call for an inquiry into the conviction of Teina Pora has on the general confidence and trust of New Zealanders in the justice system?

<a name="page_14"> Hon JUDITH COLLINS : Well, I think it is a very good point that the member has raised. The fact is, though, that at the moment the ministry is administering 12 applications for pardons and three applications for compensation claims. So at any time—and this is a pretty normal time in these matters—we have 15 claims either for a pardon or for compensation. This is quite a publicly heard matter, but it is absolutely right in a democracy that people should be able to state what they think. If they want to and if they have concerns about any police conduct in Mr Pora’s case, then I will repeat what I have said before today—that they should make a complaint to the Independent Police Conduct Authority, which is the body that has statutory authority and power to investigate. I would suggest that if anyone has any genuine concerns, that is exactly what they should do.

Andrew Little : Given that neither an appeal to the Privy Council nor an application for the royal prerogative of mercy can deal with the serious allegations now being made about the police investigation and the handling of the case by the prosecuting counsel and that the Independent Police Conduct Authority cannot deal with both, does she not see that an inquiry into this matter is now urgently required?

Hon JUDITH COLLINS : I believe that the member is getting ahead of himself. This matter still has an appeal right to the Privy Council and it also has an open application for a pardon. So the normal course of events would be that a complaint is made to the Independent Police Conduct Authority, which would normally deal with these matters post any court proceedings, which I think is the correct order. But also, if the member has any concerns as to the prosecution behaviour in terms of Crown Law, then I would have thought that a letter of complaint on those lines to the Attorney-General would be the correct course of action.


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#16 User is offline   Brucey 

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Posted 07 August 2013 - 12:27 PM

I would have thought that Teina Pora has already served the entire sentence. Twenty years for rape and murder is in effect two life sentences.
I think he should be released immediately, on that basis.
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Posted 08 August 2013 - 11:22 AM

http://www.nzherald....jectid=10909901

Collins admits Teina Pora could be innocent
By Teuila Fuatai
Updated 10:11 AM Thursday Aug 8, 2013




In an interview on RadioLive this morning, Ms Collins was asked whether there was a possibility Pora could have been wrongly convicted.

"Of course - and I never make statements about somebody's guilt or innocence because I don't know,'' she replied.

"I am not in the court now ... what I know, from time to time there will be people who are wrongly convicted.''

Act leader John Banks, who was Police Minister at the time Pora was charged with the 1992 murder of South Auckland woman Susan Burdett, this week said he now believed Pora to be innocent.

The Police Association, the Maori Party, Labour and NZ First leader Winston Peters have also questioned the 1994 conviction.

Pora was convicted of Ms Burdett's rape and murder in 1994 and was again found guilty at a retrial in 2000. This was ordered after the semen in Burdett's body was found to belong to Malcolm Rewa, the country's second-most prolific rapist and someone who otherwise always attacked alone.

Article continues below

Rewa was eventually convicted of Burdett's rape, but two juries couldn't decide about murder.

Both Prime Minister John Key and Ms Collins have said the Government would stay out of the way until the appeal process was exhausted.

Ms Collins told RadioLive a ministerial inquiry was not possible as Pora's lawyer, Jonathan Krebs, was seeking an acquittal or pardon.

"That can't be done by any ministerial inquiry. It has to be done through either a pardon [which is] what he's already started to apply for or through the Privy Council which he's also said he's applied for,'' she said.

High profile lawyer Peter Williams QC yesterday said Pora could be released immediately if a resolution was passed by Cabinet pardoning the conviction.

"That was the procedure that was used in Arthur Allan Thomas' case,'' he told RadioLive.

- APNZ
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#18 User is offline   BLURB 

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Posted 21 October 2013 - 12:00 PM

Teina Pora declined parole again
KIRSTY JOHNSTON
Last updated 10:34 21/10/2013

Posted Image
Teina Pora

Convicted rapist and murderer Teina Pora was declined parole after he lied about contacting a former inmate and soliciting the services of a prostitute while on home leave.

Pora, who was convicted in 1994 for the rape and murder of Susan Burdett, appeared before the Parole Board last week in the hope he would be released from prison early.

It was his 12th appearance after 20 years in jail.

However, the board declined his release after deciding it wasn't sure he was safe to be in the community.

Pora has been on "home leave" a number of times in the past few months. He stays with his daughter, has to have a companion at all times, and must not contact criminals.

The issue arose after a recent excursion, after which Pora told the board he had met a woman while on a walk with his daughter. She had recognised him, he said, and they ended up going home for sex.

However, during the hearing last week, that version of events turned out to be untrue.

Instead, the board found that Pora, 38, had contacted a former inmate who he met in prison. He had gone unaccompanied to meet the man central Auckland, where he obtained the services of a prostitute.

"This information was not given to the Board by Mr Pora until he faced extreme questioning," the board said.

As a result, the board found Pora had "endeavoured to hide, deflect or evade explaining how and why he breached his conditions". It said while demeanour was not always a reliable indicator of credibility, in considered he was suspect in this case.

It said Pora was not able to "honestly and accurately describe the manner in which he breached his home release obligations and describe in his words what had happened, and its significance."

It said Pora was not sanctioned for having sex but for his breach of known conditions, and his evasion in his explanations to the board.

"The question is not Mr Pora's involvement with the prostitute (as he eventually described it). Rather it is the shifting of the sands by Mr Pora, as he deflected the questioning of his activity in behaving, as he well knew, outside the conditions of release on home leave."

The Board said it recognised the possibility that he may have felt embarrassment but do not accept this led to telling untruths or evasion.

"The Board's concern then focused upon the issue of whether Mr Pora, knowingly disobeying home leave requirements, could be trusted to comply with parole conditions if released into the community."

"The lack of frankness and honesty in his responses were disquieting," it said. "As a result, we are left with uncertainty as to how the Probation Service and others will be able to manage his risk on parole."

The Board emphasised Pora was not refused parole because he denied his offending.

"Parole is declined because at the moment Mr Pora does not meet the statutory criteria, namely that he no longer poses an undue risk to the safety of the community," it said.

Before entering prison, the board said Pora had a "disturbing criminal history", accumulating more than 70 convictions by age 18. While Pora had done well in prison, he needed to be carefully managed.

The Board recognised appearing in front of it was stressful. It supported Pora continuing to engage in all available reintegrative activities.

It will see him again in six months.

Pora was convicted in 1994 for the rape and murder of Susan Burdett, 39, who was found bludgeoned to death in her Papatoetoe home in 1992.

He was sentenced to life imprisonment in 1994 and convicted after the second of two jury trials, which was upheld by the Court of Appeal.

However, Pora's lawyers say there was no direct evidence that linked him to the scene, and that he was convicted largely because of a false confession.

Questions have been raised over the convictions and groups, including the Police Association, have called for an independent inquiry into the case.

Most Pora advocates instead point the finger at convicted rapist Malcolm Rewa, who in 1998 was convicted of raping Burdett after he was linked to semen from the scene. Two juries could not reach a decision about whether he murdered her. Rewa is serving preventive detention for solo attacks on 25 women.

This year Pora applied to the Privy Council for leave to appeal his convictions.

According to private investigator Tim McKinnel, Pora is "desperate" to return to society.

- © Fairfax NZ News

Source: http://www.stuff.co....ed-parole-again
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#19 User is offline   BLURB 

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Posted 21 October 2013 - 12:22 PM

 utu, on 27 March 2013 - 08:04 PM, said:

<snip>

Some interesting background.
The NZ Police are as bad as ACC Assesors to try and get them to change their mind.

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#20 User is offline   netcoachnz 

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Posted 31 January 2014 - 08:39 AM


Teina Pora granted Privy Council appeal
Friday 31 Jan 2014 7:12a.m.


By James Fyfe and Dan SatherleyTeina Pora was "stunned" to learn he has been granted permission by the Privy Council to appeal his conviction for the rape and murder of Susan Burdett.

The appeal will be heard later this year, and will be streamed live over the internet.

Pora's legal team gave him the news this morning at his cell in Auckland Prison at Paremoremo.

"The initial reaction was he was stunned," says Tim McKinnel, a private investigator who has been working on the case with Pora's legal team.

"He wasn't expecting us, let alone the news we gave him this morning. So he was stunned, but pretty quickly that reaction turned to joy. He was very, very happy and relieved."

Ms Burdett was bludgeoned to death with a softball bat in the bedroom of her south Auckland home in 1994. Pora was 17 when he was convicted and sentenced to life in imprisonment for the crime, based on confessions he made.

A retrial was ordered after DNA testing found serial rapist Malcolm Rewa guilty in 1998 of raping Ms Burdett. However, the jury was unable to decide whether Rewa also murdered her.

In Pora's retrial in 2000 he was found guilty a second time, however an investigation by 3rd Degree shed doubt on the convictions with evidence Pora's confession was false.

Pora appeared before the Parole Board in October last year but was denied for the 12th time, with the board saying he still posed an undue risk to the community.

3rd Degree journalist Paula Penfold, who has been covering the case, says there is still a long way to go for Pora.

"You'd have to think that in the first instance that they would apply for bail for Teina," she said on Firstline this morning.

"He's been in prison for nearly 21 years and he's never been granted parole in that time. He's been on work release, but he's never been granted parole in 13 hearings.

"His legal team has months and months of preparation to take this case to the Privy Council. It will be heard mid-year, it's a three-day hearing, and then the decision after that will be reserved – so Teina still has a long way to go in terms of waiting."

His lawyers filed an application to the London-based court in August last year.

In a statement released by the Privy Council, it said it would be investigating whether fresh evidence should be considered in the case and whether a substantial miscarriage of justice was caused by the failure of Pora's lawyers to raise material points at trial or in the Court of Appeal.

Ms Penfold says there is still much to tell, but now the case is back before the courts, the full story may have to wait.

3 News

Source:- http://www.3news.co....spx?src=eletter




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