Victim and lawyer call for Rewa retrial over murder of Susan Burdett

  • 15/08/2016

Rhonda McHardy, formerly known as 'victim number nine', wants police to charge her rapist with the murder of Susan Burdett.

Malcolm Rewa attacked Ms McHardy just two weeks before he raped Ms Burdett. It was just after 2am, and she was getting into her car after visiting an ATM.

"I got back into my car and I was facing away from the car door and I got attacked from behind. After I got back into the car he opened the door and I was attacked from behind," Ms McHardy told Paul Henry on Monday morning.

"I accepted straight away that I was going to be raped. I knew that. It was just one of those things within the first few seconds, it was like, 'this is going to happen'."

Despite Rewa's "intense attack", Ms McHardy came up with a plan she says saved her life.

"I knew I was in the presence of someone that could potentially kill me. That's how I felt, because I knew that I was dealing with one of the more violent kind of rapists that either always kill their victims, or would kill their victims if they could recognise them," she says.

"I thought at least if I'm going to die tonight, I'm going to die happy. I thought about everything that was pretty amazing in my life at that point in time and looked over what I'd experienced in the first 25 years of my life, and I just focused on all the good things and all the great people in my life, the things I'd done, the people I'd met.

"What I didn't realise was that that immense appreciation and gratitude for the good things in my life were actually what calmed me down. I know that scientifically now, but I didn't know that at the time. That was just survival instinct. I thought well, I've been hit so hard I could have been knocked unconscious - it just clicked for me. I'll just pretend to be unconscious. He's got no reason to continue to hurt me physically anymore if he thinks I'm unconscious."

Ms McHardy's rape was one of many Rewa was eventually convicted of, but he avoided responsibility for Ms Burdett's death after then-teenager Teina Pora was convicted of her murder. Mr Pora has since had his convictions quashed, and it is widely believed Rewa killed her - even Police Commissioner Mike Bush thinks the serial rapist did it.

But no new charges have been laid against Rewa, who is up for parole in 2018. Police say no new evidence has surfaced linking Rewa to Ms Burdett's murder.

"I think it's really incredibly disappointing," says Ms McHardy.

"They were trying so hard to make the wrong case, and now the road is free and clear for them to make the right case and they don't want to take it. It makes no sense."

Mr Pora's lawyer Ingrid Squire says she's in awe of the Rewa' victims who now are campaigning to keep him behind bars. She's joining calls for a retrial.

The problem is, there is a stay of proceedings on charging Rewa over Ms Burdett's murder a third time. Two previous juries considering the case ended up hung.

"The Solicitor-General has the power to list the stay, if there are exceptional circumstances which warrant it. And in our opinion, those circumstances exist," says Ms Squire.

"I think one could justifiably understand if their view was that they just wanted to move on, but the fact that two of the victims have come forward seeking to have their name suppression lifted is, in my view, quite extraordinary."

Mr Pora wrongfully spent more than 21 years in prison for the rape and murder of Ms Burdett. Ms McHardy and Ms Squire believe a new prosecution against Rewa would be successful, now Mr Pora has been totally cleared.

Previous trials of Rewa for Ms Burdett's murder have resulted in hung juries.

"We can't go back and change what happened to me and the other women - that's all in the past now - but I think the New Zealand public need confidence that they're not going to screw up this badly again," says Ms McHardy.

Even if police don't charge Rewa, Ms McHardy is confident he won't be released.

"He's not going to get out in two years, he really isn't."

But that would leave Ms Burdett's case still technically unsolved, and her family without closure.

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