The appellant, convicted of 12 counts of fraud, brought a motion seeking directions and assistance in cross-examining police and civilian witnesses regarding the late disclosure of police emails.
The appellant sought production of redacted portions of emails generated between 2021 and 2024 concerning the disclosure process.
The Court of Appeal dismissed the motion, finding it was a request for production governed by the Trotta test.
The court concluded there was no reasonable possibility that ordering production would result in admissible fresh evidence or assist in developing a successful ground of appeal, as there was no air of reality to the underlying abuse of process claim.
