Expert evidence criticising DNA methodology used at trial is not 'fresh' where it could have been obtained at trial with reasonable diligence, and is not 'compelling' where the expert does not say the DNA results were wrong or unreliable. Evidence of alternative suspects who may have had disputes with the deceased is not 'compelling' where it is purely speculative and does not establish that any such person had relevant opportunity to commit the offence. A second appeal under Part 6.4 of the Criminal Procedure Act 2009 (Vic) cannot be used to relitigate grounds rejected on a first appeal.
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