In deciding whether to adduce fresh evidence on appeal, the court considered whether the evidence: (i) appeared to be capable of belief; (ii) could afford any ground for allowing the appeal; (iii) would have been admissible in the proceedings; and (iv) whether there was any reasonable explanation for the failure to adduce the evidence at trial.
CA (Rose LJ, Moore-Bick J, Johnson J)
30/11/1998