This was an appeal in a complex fraud case, the Court carefully assessed the fresh evidence to determine whether this would have an impact on the safety of the conviction but declined to do so concluding the judicial decisions were appropriate.
The Appellants made points in regard to how the trial felt and unfairness of the withheld information, but the Court importantly stressed that Trials of the instant nature could be highly charged affairs. The parties' views could become entrenched and sensitivities as to unfairness, perceived or imagined, could become heightened. The instant court could not create the "feel" of the trial. However, it could, and was required to, approach matters objectively and to view the case overall, R. v Alibhai (Akbal)  EWCA Crim 681,  3 WLUK 791 considered.