Applicant restricted from advancing broader miscarriage of justice grounds after court narrows review to newly discovered evidence

The Court of Appeal considered an application to strike out portions of an applicant's submissions in a miscarriage of justice certification proceeding, following the quashing of the applicant's sexual assault conviction by the Central Criminal Court. The appeal had previously succeeded due to newly discovered material from the complainant’s phone, resulting in a quashing and a nolle prosequi on retrial. In this judgment, the court held that only the newly discovered evidence relating to the complainant’s sexual experience—previously deemed material to the conviction—could be relied upon for the certification application. Arguments based on other grounds, including immigration material, police investigation, and other trial conduct issues, were barred as having been previously determined or irrelevant to any newly discovered fact. The Court granted the relief sought by the respondent and limited the scope of the applicant’s certification application accordingly.