An alleged confession by a third party, where the confessor denies making the confession and the account is inherently improbable, will not satisfy the reliability requirement for compelling evidence under s 326C(3)(b) of the Criminal Procedure Act 2009 (Vic). Complaints about trial conduct, including translation accuracy and counsel's forensic decisions, cannot ground a second appeal without fresh and compelling evidence; they cannot be re-agitated as if on a first appeal.
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