The High Court has allowed an appeal against Losi Filipo's discharge without conviction.
High Court justice David Collins said he would allow the appeal due to the gravity of the offences.
Filipo, a former Wellington Lions player, brutally assaulted four people during a night out in October last year. He was discharged without conviction for fears it would jeopardise his rugby career. The Solicitor-General had reviewed the case and recommended that police appeal the decision.
In his judgment, Justice Collins said he understood the "compassionate" approach in the original judgment, but concluded Judge Bruce Davidson had "erred".
He said Filipo's conduct was "very serious".
"The injuries he inflicted to Gregory Morgan when he stomped upon his head about four times were particularly grave," the judgment said.
Justice Collins said evidence that Filipo would be unable to get a contract to play rugby in Japan was not sufficient proof that the young rugby player's career would otherwise be badly damaged.
But he also noted that Filipo had no prior convictions, engaged in community work and participated in restorative justice.
Justice Collins said that while he would usually simply reverse the decision and record a conviction, in this case Filipo pleaded guilty with the understanding that no conviction would be recorded.
So Filipo would be given the opportunity to change his plea to "not guilty" if he wished.
The hearing of the appeal will resume at 9am on November 2.
Newshub.
