Former rugby league great Tawera Nikau has had his assault conviction quashed.
A just-released ruling from Justice Edwin Wylie, ruled there had been a mistake in the conduct of Nikau's trial held at the Huntly District Court earlier this year due to a misunderstanding between his lawyer, Gary Gotlieb and the judge.
Justice Wylie said the appeal should be allowed because there had been a miscarriage of justice "such that I cannot be confident the verdict is safe".
In his findings, Justice Wylie said Mr Gotlieb thought that during Nikau's trial the judge was indicating that he did not require to hear from him because the police had not made out its case beyond reasonable doubt.
"It is clear from the judge's subsequent decision finding the charge proved, that the judge did not mean that, and that he considered that it was for Mr Gotlieb and Mr Nikau to elect whether or not to call defence evidence."