The fact that trial counsel was a registered police informer at the time of trial is not sufficient, without more, to establish that a trial was unfair or to satisfy the 'compelling' evidence requirement for a second appeal under s 326C(3)(b) of the Criminal Procedure Act 2009 (Vic). A connection between the informing activity and the applicant's case must be demonstrated. Similarly, a prior retainer with a co-accused does not give rise to a conflict of interest at a subsequent trial unless there is a real or substantial prospect that the co-accused's evidence would be called and the prior advice would become relevant. The statutory scheme for second appeals under Part 6.4 is the intended vehicle for fresh evidence claims, and the Court will not reinstate abandoned appeals where that scheme is available.
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