Fresh forensic evidence on PGM typing probabilities that does not exclude the accused as a possible wrongdoer and is based on speculative chains of reasoning will not satisfy the test for reception of fresh evidence on appeal, particularly where no adequate explanation is given for the failure to tender such evidence at trial. Evidence explaining an accused's election not to testify is virtually unprecedented and may be counterproductive where full disclosure of the reasons would be more damaging than the unexplained silence.
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