Lawyers acting for six former Napier students who are to be re-tried for sexually violating a classmate with a broomstick are expected to apply to have the trial shifted outside of Hawke's Bay.
The Court of Appeal last year quashed the sexual violation convictions of Mark Hagen, Rewi Gemmell and Anthony Lloyd on the grounds that Justice Gendall misdirected the jury at their trial in Gisborne in April.
The three justices said the jury should have been told to consider what effect alcohol might have had on the six youths at the time.
Appeals for three other youths, Kent Burns, Daniel Cutbill and Gabriel Williams have yet to be heard but are certain to be granted for the same reasons by the Court of Appeal in early February.
All six youths are now on bail.
The jury found the six guilty of sexually violating a 17-year-old youth at a party in October, 2001.
They received sentences of between two and 2-1/2 years jail.
A seventh youth, Andrew Castles, was jailed for 2-1/2 years after he pleaded guilty to sexual violation and attempted sexual violation.
A new trial date is expected to be set when the six youths appear in the High Court at Napier on February 18.
It is understood several lawyers will indicate their intention to file a change of venue application on that date.
- HAWKE'S BAY TODAY
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