On behalf of the appellant the following two grounds of appeal are advanced with the leave of the Full Court by Ms Eleanor Laws QC, who did not appear at the trial. She submits that the jury did not hear about two significant matters. First, the complainant had lied on oath before the jury when denying that NM was her boyfriend and was the father of her twins. Secondly, in response to a direction from the court made in the criminal proceedings themselves, the complainant had deliberately misled the court and the parties by providing false contact details for her mother-in-law.
In essence, we accept the submissions made by Ms Laws on behalf of the appellant in relation to both grounds of appeal. In relation to the first ground, this is not a fresh evidence case in the conventional sense. This ground arises from a signed statement made by QU on 20 August 2017 which did exist before the trial took place but it was not available to the defence until some time after the trial had taken place. It is not suggested that the prosecution failed in their duties of disclosure. What is submitted, with force in our view, is that if the statement had been available at the time of the trial the defence would have been able to deploy it in various ways; in fact they were not able to do so because they did not have it at that time. Ms Laws fairly accepts that the statement was not given on oath. Nevertheless, as we have mentioned, it was signed and it was made under section 9 of the 1967 Act with the usual declaration: that the person making the statement is aware of the consequences of making a false statement. The statement would have demonstrated that the evidence which QU gave to the jury about her relationship with NM, and in particular about not having had children with him, was a lie.