[2004] UKPC 51

In order to admit fresh evidence on appeal, which was not within judicial knowledge, the appellant had to explain the failure to adduce that evidence at trial. Further, the court had to be satisfied that it was in the interest of justice, having regard to the constitutional right of the appellant to a fair hearing, that the additional evidence should be taken into account at the stage of an appeal.

PC (Mau) (Lord Hope of Craighead, Lord Nicholls of Birkenhead, Lord Hoffmann, Lord Brown of Eaton-under-Heywood, Sir Andrew Leggatt)

21/10/2004