Prosecutors have lost a challenge threatening the very foundations of the inquiry into David Eastman’s conviction.
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The full bench of the ACT Supreme Court found that any halt to the inquiry, which has uncovered explosive new evidence, would be "unconscionable".
The decision paves the way for the final report of inquiry head, Acting Justice Brian Martin, to come before the court for consideration.
The judge, it was revealed, has now finished his report, and is expected to hand it to the court as early as next week.
A packed courtroom watched on as Chief Justice Helen Murrell handed down judgment in two significant cases involving Eastman, the convicted murderer of Assistant Federal Police Commissioner Colin Winchester, on Thursday afternoon.
The first case involved the Director of Public Prosecutions' bid for judicial review of two crucial decisions that have helped create and shape the inquiry.
The first was the order creating the inquiry, made in September 2012, and the other a decision by Acting Justice Martin not to limit its scope.
The DPP's challenge took 14 months to come before the court, and well after the inquiry had already heard a significant amount of evidence, some of which uncovered "serious issues" surrounding Eastman's conviction.
The DPP had tried to stop witnesses giving evidence to the inquiry until the challenge was resolved, something which was earlier rejected by the ACT Supreme Court.
That meant the inquiry continued to plough on, draining court resources and taxpayer funds, all the while in the shadow of the looming DPP challenge.
If successful, the DPP could have halted the inquiry altogether.
But the ACT Supreme Court dismissed the DPP’s challenge on Thursday, saying it would use its discretion not to grant the relief sought, despite finding some reviewable error with the decision.
"To call a halt to the inquiry at this point would be unconscionable," the judges wrote.
"At this late stage, having regard to the inordinate delay and the considerable work the board of inquiry has carried out, the personal and financial investment in that work and the matters the board has uncovered, we are of the opinion that it is in the interests of justice that the inquiry take its course and the board complete its investigation."
Before the decision was handed down, Liesl Chapman, SC, told the court that Acting Justice Martin had completed his report, which was now in its final form.
Ms Chapman said the judge was expected to give the report to the registrar of the ACT Supreme Court next week.
It would then be considered by a full bench.
The court on Thursday also knocked back a separate application made by Eastman against the ACT Government.
It related to his bid to be released from prison on licence.
Under territory law, no minimum term can be attached to a life sentence.
A prisoner can ask the attorney-general for release on licence after serving 10 years.
Eastman has spent almost 19 years behind bars and made three unsuccessful requests since 2009.
He had attempted to quash the most recent decision, force the government to consider his application for release, and exclude the attorney-general from taking part in that decision.
Chief Justice Murrell dismissed his application.
