The ACT Supreme Court will later this month consider the legal issues around the proposed release of convicted murderer David Eastman.
The court's full bench set June 23 for a hearing, which could conclude with Eastman being free after 19 years in jail.
That follows release of the report of the long-running inquiry into Eastman's conviction for the 1989 murder of Australian Federal Police Assistant commissioner Colin Winchester.
In the report, former Northern Territory chief justice Brian Martin found there was a substantial miscarriage of justice at his 1995 trial.
He recommended Eastman's conviction be quashed and he be granted a pardon, and it's now up to the ACT Supreme Court to decide how to proceed.
At a directions hearing on Tuesday morning, the ACT Director of Public Prosecutions sought to make a submission on whether Eastman's conviction should be overturned.
It's arguing that the Full Court is exercising a judicial function which requires that interested parties be accorded procedural fairness.
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