He was accused of killing a teenaged spectator at a high school football game, and when Mark Gardiner was set free on march 16, after the DPP's office made a no submission, most thought that was the end of it. The end, because you can't be tried twice for the same crime. But the appeals court today ruled that Gardiner can be retried for the manslaughter of Gregory Batty.
Gardiner and Fransbert Pook were allegedly charged for murder, but Pook was released and then Gardiner alone was tried for the lesser charge of manslaughter. But when the case went to trial in March of last year, prosecutors didn't have enough to make a case and Justice John Gonzalez declared Gardiner not guilty. Now with the appeal court decision, they hope to bring back the case in the next session.