Teina Pora bail application referred to High Court

Teina Pora.

A bail application hearing for twice-convicted murderer and rapist Teina Pora has been referred back to the High Court at the direction of the Court of Appeal.

Pora, 38, has spent 21 years behind bars for the 1992 rape and murder Susan Burdett in Auckland.

Arguments from Pora's lawyer, Jonathan Krebs, failed to advance past discussions around which court held jurisdiction should hear the bail application.

Justices Mark O'Reagan, John Wild and Forrest Miller today directed documents for Pora's appeal be forwarded onto the High Court, after establishing it was not within the jurisdiction of the Court of Appeal to hear the bail application.

Earlier this year, Pora was granted leave to appeal against his convictions to the Privy Council in London.

After the hearing, Mr Krebs told media it was disappointing Pora would have to remain in prison but he was pleased the High Court would hear his bail application.

"We knew it would be a difficult hearing and the jurisdiction point has always been there.

"We're very pleased the Court of Appeal has chosen to refer it on to the High Court.''

Crown lawyer Matthew Downs said he would oppose the High Court's jurisdiction, so "we've got some battles ahead'', Mr Krebs said.

Pursuing bail for Pora, who also has a parole hearing set for the end of the month, was important as a successful result would enable him to be free of conditions set on his sentence.

"When a person's admitted to parole, they continue to be serving their sentence, just in the community. They're still subject to all the terms of their sentence...and they're always vulnerable to recall.

"When you're granted bail, effectively your sentence stops,'' Mr Krebs said.

Outside the court house, Krebs said Pora had not yet heard the outcome of today's hearing.

"He has had it made clear to him that the question of bail is not a certain one. He's philosophical but he's 38, he has spent 21 years in custody so far.

"Every opportunity we have to get his freedom before we go to London, we're going to take.''

Mr Krebs said he chose to appeal for Pora's bail at the Court of Appeal because it was a simpler process than going through the High Court.

"It's a very quick process to get applications such as that in front of the Court of Appeal. The process, as I understand it, through the High Court would have been more time consuming.''

Mr Krebs remained optimistic about Pora's bid for freedom.

"We might have lost a few skirmishes around the edges, but we're moving forward.''

Dr Downs appeared via video link from Auckland for today's hearing.