Will the Waihopai Three be arrested again?

Crown Law has released this statement and is looking at an appeal with regard to the judge's decision to allow the claim of right defence used by the Waihopai Three. It can do this under s 380 of the Crimes Act, provided the reservation is to do with a question of law.

If Crown Law pursues appeal, even though it could not prove beyond reasonable doubt that thee men did not honestly believe they were entitled to attack the spybase, the three acquitted men will have to be arrested again.I find it difficult to understand how a successful case could be made after this acquittal. Any legal beagles out there that would like to comment on this?