ACT News

Judges reserve decision on David Eastman's attempt to block fresh murder trial

Judges have reserved their decision on David Eastman's latest attempt to stave off a retrial for the alleged murder of former Australian Federal Police assistant commissioner Colin Winchester.

Eastman's murder conviction was quashed and he walked free in 2014 after nearly 19 years behind bars for the shooting death of Mr Winchester in the driveway of his Canberra home in 1989. 

His release from prison came in the wake of an explosive judicial inquiry which laid bare significant flaws with the forensic evidence used to link him to the scene of the killing.

A retrial was later ordered, prompting Eastman to fight for a permanent stay on proceedings in the ACT Supreme Court.

Acting Justice David Ashley in April threw out Eastman's application for a permanent stay of proceedings, but kept secret his reasons for doing so he didn't jeopardise the fairness of the retrial.

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Eastman is now appealing that decision in the ACT Court of Appeal.

A three-day hearing of the matter before three Victorian Supreme Court judges came to a close on Wednesday afternoon.

The bulk of the appeal has been heard in closed court. Eastman made a rare appearance in the court's public gallery on the first day. 

His lawyers argued comments made by Justice Ashley in his reasons for his decision amounted to apprehended bias - a suggestion that was disputed by the Crown.

Preparations for a second jury trial, tentatively set down for six months from May next year, remain on foot in the Supreme Court.

Justice Robert Osborn, Justice Simon Whelan and Justice Phillip Priest will hand down their decision on the appeal at a later date.