ABSTRACT
Statute across the Commonwealth Caribbean provides that in certain circumstances, the Court of Appeal may receive fresh evidence. Legislative provisions in this regard are almost identical in stipulating that the Court of Appeal may receive the evidence of any witness who would have been competent to give evidence at trial, whether he was called at trial or not. The grounds on which this fresh evidence should be received are: • if it appears to the court that the evidence is likely to be credible and
would have been admissible at trial on an issue that is the subject of the appeal; and
• if the court is satisfied that though it was not adduced at the trial, there is a reasonable explanation for the failure to adduce it.29
