Prosecutors will on Monday make a last-ditch attempt to persuade a court against quashing David Eastman's conviction for the 1989 murder of ACT police chief Colin Stanley Winchester.
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The full bench of the ACT Supreme Court is expected to again take submissions on Eastman's fate on Monday morning.
The Director of Public Prosecutions is set to argue against the shock findings of the Eastman inquiry, released more than a month ago. That inquiry, earlier this year, recommended Eastman's conviction be quashed.
Inquiry head acting Justice Brian Martin found a substantial miscarriage of justice had occurred, pointing chiefly to severe flaws with the forensic work, as well as to failings by the prosecution and police.
The judge's report ended the function of the inquiry, and it was handed over to the full bench of the Supreme Court for consideration.
It was thought the three judges would then make their next move based solely on the inquiry's report, without taking any further submissions.
But that assumption was confused last month when the court was urged to disregard the law that seemed to explicitly prevent it from taking further arguments from parties.
Lawyers for the DPP and Commonwealth argued the legislation contradicted procedural fairness and was inconsistent with the constitution, which guaranteed the independence of the courts.
The full bench of the ACT Supreme Court found the DPP had the right to be heard on whether Eastman's conviction should be quashed.
Justices Steven Rares, Michael Wigney, and Dennis Cowdroy found that it was fundamental for courts to hear parties involved.
The hearing will begin on Monday at 9am in the Federal Court building.
