29.Subsection (7) provides for the test that must be satisfied before the High Court can set aside the acquittal. The application may be granted only if:
the case against the person is strengthened substantially by the new evidence;
the new evidence is evidence which was not available, and could not with the exercise of reasonable diligence have been made available, at the trial in respect of the original offence; and
that on the new evidence and the evidence which was led at the original trial it is highly likely that a reasonable jury properly instructed would have convicted the person of the offence.
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