Lazarus could be released from jail over the rape behind a Sydney nightclub as soon as Friday afternoon after the NSW Court of Criminal Appeal granted him bail with a $50,000 surety ahead of a final judgment in the coming weeks.
Appearing from jail via audio visual link, the 23-year-old broke down as the Chief Judge at Common Law, Justice Clifton Hoeben delivered the news following a 90-minute hearing.
"The court is in a position to say that it's satisfied at this stage that ground two [of the appeal] has been made out," Justice Hoeben said.
"That would entitle the applicant to a new trial."
He indicated that the court would hand down the reasons for its decision in the coming weeks, at which point it would also make a finding on Lazarus' first ground of appeal.
Luke Lazarus, son of prominent nightclub owner Andrew Lazarus. Photo: Facebook
Lazarus was convicted by a jury in February last year over the sexual assault of an 18-year-old woman in an alleyway behind the Soho Nightclub on Victoria Street in Potts Point - a club owned by his family.
Police alleged that, on the night in question, in May 2013, Lazarus approached his victim on the dance floor introducing himself as a part owner of the venue.
He then allegedly offered to introduce her to the DJ before saying instead they would go into a VIP area.
But he then allegedly took the woman to the laneway where he allegedly raped her before demanding she put her name in his phone.
Members of the Lazarus family burst into tears as the court found that the trial judge, District Court Judge Sarah Huggett, had misdirected the jury on the issue of whether or not Lazarus believed the woman had consented to sex or not.
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