395Fresh and compelling evidence – meaning

395 Fresh and compelling evidence – meaning

[Section 395 Inserted by No. 96 of 1994, s. 6 ][Section 395 Amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] [Section 395 Amended by No. 33 of 2008, s. 4, Applied:22 Oct 2008]

(1)  This section applies for the purpose of deciding under this Chapter whether there is fresh and compelling evidence against an acquitted person in relation to a very serious crime.

(2)  Evidence is "fresh" if –

(a) it was not adduced in the proceedings in which the person was acquitted; and

(b) it could not have been adduced in those proceedings with the exercise of reasonable diligence.

(3)  Evidence is "compelling" if –

(a) it is reliable; and

(b) it is substantial; and

(c) in the context of the issues in dispute in the proceedings in which the person was acquitted, it is highly probative of the case against the acquitted person.

(4)  Evidence that would be admissible on a retrial under this Chapter is not precluded from being fresh and compelling evidence merely because it would have been inadmissible in the earlier proceedings against the acquitted person.