Following a conviction for sexual assault, the applicant applied to reopen the case prior to sentencing to adduce fresh evidence.
The applicant alleged that the complainant had confessed to a family friend that the allegations were fabricated to secure a monetary settlement.
The court applied the Palmer/Kowall criteria and found the proposed fresh evidence lacked credibility, could have been adduced at trial with due diligence, and would not have affected the verdict.
The application to reopen the case was dismissed.
