You are acting on behalf of the Appellant, Mary, who is appe…
You are acting on behalf of the Appellant, Mary, who is appealing the decision made by District Judge White on the grounds that it was wrong. Mary wishes to introduce fresh evidence at the appeal which was not considered by District Judge White. This evidence only came to light when, having read a report of the case in the newspaper, a new witness came forward immediately after the trial. If accepted, the evidence would be decisive on a key issue but there is some doubt as to the witness’ credibility. Which of the following correctly states whether this fresh evidence may be introduced? The appeal court may not receive either oral or written evidence which was not before the lower court. may receive the evidence on the grounds that it could not have been obtained with reasonable diligence for use at the trial. will receive the evidence on the grounds that its inclusion will be decisive. will not receive the evidence on the grounds that the credibility of the witness is in doubt and the requirement is that it is incontrovertible.