In this interesting case on the possession of firearms the CCRC had referred on the basis that there was fresh evidence that the Applicant had not brought the weapon to the scene.
The evidence came from a letter written by F who said that he brought the weapon to the scene. But F subsequently denied knowledge of the letter and the CACD was critical of the fact that no further work to investigate had been done since the CCRC referral.
In any event the Court concluded that there was strong evidence to link the applicant to possession of the firearm at the scene.
Interestingly the Court went onto consider whether the Letter could have been admitted as a confession under Section 76A of the Police and Criminal Evidence Act or under s114(1) (d) of the Criminal Justice Act as hearsay evidence excepted, the Court doubted it could.
It seems likely in a similar case that only if there is such a witness who actually supports the appeal will an applicant be on a stronger footing.