(1) This section applies for the purpose of determining under this Division
whether there is fresh and compelling evidence against an acquitted person in
relation to an offence.
(2) Evidence is
"fresh" if--
(a) it was not adduced in the proceedings in which the person was
acquitted, and
(b) it could not have been adduced in those proceedings with
the exercise of reasonable diligence.
(3) Evidence is
"compelling" if--
(a) it is reliable, and
(b) it is substantial, and
(c) in
the context of the issues in dispute in the proceedings in which the person
was acquitted, it is highly probative of the case against the acquitted
person.
(4) Evidence that would be admissible on a retrial under this
Division is not precluded from being fresh and compelling evidence merely
because it would have been inadmissible in the earlier proceedings against the
acquitted person.
