Yes.
The bill would still require the commission to take into account new matters of significance not previously considered by the courts. This would happen whether...there wasn't even a court of appeal decision. I don't think any of the commissions are going to second-guess the trial judge. What this is about is getting new evidence that the accused, when they've been convicted and often imprisoned, is powerless to get. That was one of the reasons we recommended—and the English commission has this—that they should have information even if the police, prosecutors or anyone else claims legal privilege over it.
This is about helping people find new evidence. One of the reasons that Mr. Lockyer and all of the innocence projects will support the commission is that they do not have public powers to compel the police and prosecutors and forensic experts to give them the evidence they want and need.
This is why it's very important—