The applicants applied to re-open an appeal previously decided by the Court of Appeal, arguing that the court was misled by false evidence regarding the status of a police informant.
The Crown conceded that newly disclosed evidence contradicted the evidence relied upon in the original appeal, which had determined the individual was a police informer rather than a police agent.
The Court of Appeal dismissed the application, holding that while there is inherent jurisdiction to set aside a judgment based on fraud or newly discovered evidence, the proper forum to seek such relief is the court of first instance (the Superior Court), not the appellate court.
