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Convicted rapist and former policeman Bob Schollum has won the right to have a parole hearing reheard after a legal technicality was found in the initial decision.
Schollum is serving a sentence of eight years after being convicted in July 2005 along with three other men of the pack rape and abduction of a 20-year-old Mount Maunganui woman in 1989.
His sentence ends in 2013 and he had a bid for parole dismissed following a hearing in March.
But defence counsel Michael Bott appealed the decision on six grounds, five of which were dismissed.
The Parole Board said today it had upheld one point in Mr Bott's submission that the board made an error of law in finding Schollum posed an undue risk to the community because he maintained his innocence throughout his incarceration.
Mr Bott filed extensive submissions to the board saying it was in effect not open to the board to decline parole simply on that fact.
Today's decision agreed it was not the function of the board to investigate possible miscarriages of justice, "or to give effect in their consideration to any personal misgivings they may have about the correctness of any particular conviction".
The Parole Board said the hearing would be reheard "at the earliest possible opportunity".
- NZPA
