The Australian Federal Police and Victorian Police have shown reluctance to give prosecutors access to the highly sensitive material, which is said to cast further suspicion on the Calabrian mafia over the 1989 murder of the former ACT police chief.

It was first raised during closed hearings of the inquiry into the conviction of David Eastman, who was sentenced to life imprisonment for the killing in 1995.

Eastman was released in late August after his conviction was quashed, and prosecutors are currently deciding whether to try him again.

The Director of Public Prosecutions sought access to the new evidence on potential mafia involvement as they made that decision.

Two weeks ago, the DPP came to the court because they were were being frustrated by AFP and Victoria Police's refusal to give them access.

Police said they were unclear whether they would be in breach of court orders if they handed over the material.

But Justice Steven Rares said there was no such legal impediment, and cleared the way for prosecutors.

Despite that, the DPP came back before the ACT Supreme Court on Tuesday, saying police were still reluctant to grant access.

The matter was due to again appear before Chief Justice Helen Murrell on Friday to check whether attitudes had changed.

But the case was removed from the public list on Friday, and it was confirmed that the issue had now been resolved.

Eastman's proceedings will resume in December, when the DPP will give an update on how it is progressing with a decision on whether to run a re-trial.

The Supreme Court criticised the AFP in August for failing to properly investigate the new mafia evidence.

Internal documents revealed the AFP had a policy of not re-investigating areas already looked at by the original team tasked with solving Mr Winchester's murder.