38 Affidavits of the applicant and of Mr Stephenson who was his solicitor and counsel when he pleaded guilty, were read and both deponents were cross-examined. The evidence established that initially the applicant gave his solicitor false instructions that he had had nothing whatever to do with the crime and that he had witnesses who would support an alibi that he was at a house in High Street, Launceston at the time of its commission. Three days before the trial however, he realised that he would have considerable difficulty in maintaining that alibi and he asked Mr Stephenson for advice about changing to a defence that he was present at the scene of the crime, but did not know that Tanner was going to commit it. Because of ethical considerations Mr Stephenson indicated that the applicant would need to engage another counsel if he took that course. He also told the applicant why he thought that such a defence would probably fail on the facts, inter alia, because a false notice of alibi had already been given to the Crown. On the day before the due commencement of the trial, and at the courthouse before his plea was taken, he told Mr Stephenson of the version of the facts concerning the crime which was stated to the court by Mr Stephenson following the plea of guilty. He said to Mr Stephenson that he wished to plead guilty, but at the same time he gave instructions that the court should be told that he had not known that Tony Tanner intended to commit the crime on the day in question, and that he had driven Tanner to the scene "to have a look". He told Mr Stephenson that he wanted to get the matter over and done with "because it had been hanging around for so long". Mr Stephenson's evidence was that he advised the applicant "that the plea in mitigation virtually amounted to a defence", "that the facts in mitigation were tantamount to a defence", and: