Where an appellant gave sworn evidence at trial that positively excluded a hypothesis consistent with innocence, fresh evidence supporting that excluded hypothesis will not be received on appeal, even if the evidence is otherwise credible and cogent. The [name withheld] principle that parties are bound by the conduct of their case at trial applies not only to the unreasonable verdict ground but also to applications to adduce fresh evidence. The dissent ([name withheld]) would have held that the fresh evidence could still raise a reasonable doubt if the jury might conclude the appellant was lying to protect others rather than because he was guilty.
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