The ACT Magistrates Court will re-examine claims a Canberra woman made a false rape allegation against her partner, which led to the former prison guard being remanded in Goulburn jail for four months.
The man was only released when police dropped the charges against him after further investigations.
The woman was convicted of five charges, including making two false rape allegations and three public mischief offences.
But in August the ACT Court of Appeal overturned all but one of the convictions, after Justice Richard Refshauge found there was ambiguity in the prosecution of the charge.
Justice Refshauge has now ordered a retrial on the charge of making a false accusation in relation to the second rape allegation.
That charge arose after the woman was found on her kitchen floor by police, to whom she complained the man had physically assaulted her.
The court heard the claim of sexual assault was not made until later - a fact that was key in the subsequent appeal.
Justice Refshauge ordered the case be heard by a different magistrate to that in the original trial when it returns to court.
