In a criminal appeal concerning admissibility of fresh evidence, the Court addressed whether post-trial statements by a witness were admissible and reasonably capable of belief.
The appellate record involved convictions for second degree murder and assault with a weapon that had been set aside with a new trial ordered.
The Court held that the witness statement satisfied the admissibility criteria and could reasonably have affected the outcome.
The decision admitting fresh evidence and ordering a new trial was upheld.
The appeal was dismissed.
