The defendant, Hacar Khesro-Mohamed-Rasheed, brought an application to re-open his case after being found guilty of assault causing bodily harm.
The application sought to introduce new eyewitness evidence from Kelly Farkas, who was present during the altercation but was not located prior to trial.
The court applied the Palmer test for fresh evidence, considering admissibility, cogency, and due diligence.
Despite the proposed evidence being sparse, the court found it met the threshold for cogency and credibility, and that the defendant had demonstrated sufficient due diligence in attempting to locate the witness.
The application was granted, the finding of guilt was vacated, and the defence was permitted to call the new witness.
