But as your privy council likes to say
the proper basis on which admission of fresh evidence should
be decided is by the application of a sequential series of tests. If
the evidence is not credible, it should not be admitted. If it is
credible, the question then arises whether it is fresh in the sense
that it is evidence which could not have been obtained for the trial
with reasonable diligence. If the evidence is both credible and
fresh, it should generally be admitted unless the court is satisfied
at that stage that, if admitted, it would have no effect on the safety
of the conviction. If the evidence is credible but not fresh, the court
should assess its strength and its potential impact on the safety of
the conviction. If it considers that there is a risk of a miscarriage
of justice if the evidence is excluded, it should be admitted,
notwithstanding that the evidence is not fresh.”