A recantation statement that is not adopted by the witness when called to give evidence on appeal lacks cogency and will not satisfy the fresh evidence test. The question of the extent to which trial counsel's affidavits explaining their conduct may be received on appeal remains unsettled in NSW.
The full text is available to signed-in members, including the 11 later cases that cite this judgment.
2 of the 11 citing cases carry a classified treatment. How each court treated it is available to signed-in members.