A teledrama about Teina Pora's innocence in the rape and murder of Susan Burdett and the 27 years since her death prejudices any jury sitting on Malcolm Rewa's third trial for her murder, his lawyer says.
Paul Chambers told the High Court in Auckland that In Dark Places, which aired last Sunday on TVNZ, portrayed a bias against his client that was "inescapable".
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"Nothing was presented in balance," he said.
"It's in the tone of the movie."
But Crown lawyer Gareth Kayes said it did not purport to be a documentary because of the use of actors, and viewers would know "artistic licence" would have been expressed.
"Little time is spent musing on the guilt or otherwise of Rewa," he said.
The actor playing Rewa was on screen for seven minutes, and Rewa was discussed in "about 18 minutes" of the 90-minute drama, he said.
Mr Pora was convicted of Burdett's rape and murder at her home in Papatoetoe.
But after serving 22 years in prison his conviction was quashed by the Privy Council in 2015. He consequently received more than $3 million in compensation by the Government and an apology.
Rewa has been tried twice before for Ms Burdett's murder but not found guilty in either trial after the juries were unable to agree.
He is currently in preventative detention for the rape of 25 women, including Ms Burdett.
There was a stay on proceedings for trying Rewa for the murder meaning he could not be retried. But that was lifted by the Attorney General and Rewa has now been charged with Ms Burdett's murder again.
Mr Kayes said 234,800 people watched the teledrama, but only 79,400 of them were between 18 and 49 years old. It was still available online on demand but TVNZ had agreed to take it down six months before a trial, he said.
It would be taken down in 10 days' time but its existence and commentary would still be online on sites such as IMDB, Mr Chambers said.
He said the prejudice was "insurmountable" and it would be "impossible to get an impartial jury".
Mr Chambers was arguing for the charge to be dropped and for the stay to be put in place again.
Chief High Court judge Justice Geoffrey Venning has reserved his judgment.
Newshub.
