David Harold Eastman's bid to avoid a retrial is set to be heard by a former top barrister who fought a number of high-profile asbestos and mesothelioma cases.
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Attorney-General Simon Corbell has on Wednesday announced retired Victorian judge, David Ashley, QC, will become an acting justice of the ACT Supreme Court.
Mr Corbell said the appointment had been supported by the ACT Supreme Court Chief Justice Helen Murrell, who proposed Acting Justice Ashley hear upcoming Eastman proceedings.
Eastman is awaiting retrial accused of the assassination of Assistant Federal Police Commissioner Colin Winchester in 1989.
Eastman served 19 years in jail for the murder, until it was quashed and a retrial ordered after an inquiry found his 1995 trial had been a miscarriage of justice.
In a series of legal manoeuvres since his release, Eastman has launched a stay application to halt the second trial on the grounds he cannot get a fair hearing.
The application was due to begin earlier this month, but has been put on hold until at least November after defence counsel, Christopher Boyce, SC, withdrew his services due to health issues.
Eastman has also successfully removed Acting Justice Anthony Whealy from hearing the matter, further delaying the matter and sparking a hunt for a new judge to hear the stay application.
To further complicate the matter, Eastman's legal team have argued the application should be delayed until the defence is shown the entire prosecution case.
The date for the completion of the report by the Dutch was uncertain, the court heard.
The prosecution argued the tests should not disrupt Eastman's stay application.
Justice Ashley went to the bar in 1965 and fought a number of significant asbestos and mesothelioma cases in the 1980s before taking a position Court of Appeal of the Supreme Court of Victoria in 2005.
He retired in February 2012.
"Justice Ashley has considerable judicial experience and is highly qualified," Mr Corbell said.
"This appointment will assist the court in ensuring the timely hearing of the stay application.
"Justice Ashley's experience means he is well qualified for this role."
The appointment is for one year.
