There's no guarantee the trial of Malcolm Rewa, for the murder of Susan Burdett, will go ahead.

The serial rapist has been tried twice for the 1992 crime, but neither jury was able to reach a verdict.

Rewa was, however, convicted of her rape.

The High Court's now dismissed his application for a judicial review of the decision by the Attorney-General, to lift a stay of proceedings against him, in relation to the charge of murder.

Otago University law professor Andrew Geddis says [told Kate Hawkesby] Rewa's lawyer may go to the court to try to prevent a trial going ahead.

"If they look with the passage of time, it's just going to be too difficult and unfair to try Rewa now because you know witness memories go and things like that."

LISTEN AS ANDREW GEDDIS TALKS TO KATE HAWKESBY