Evidence that associates of the accused have subsequently been charged with unrelated drug offences does not constitute fresh evidence capable of warranting a new trial where the substance of the information was available before trial and the offences have no discernible connection to the accused's offence. The fact of a charge against a third party is proof of that fact only and is not relevant evidence in the accused's trial. Where an accused fails to cross-examine a witness on matters within their knowledge at trial, subsequent evidence on those same matters is unlikely to satisfy the Gallagher test.
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