Evidence alleging the judge who presided over David Eastman's murder trial possessed untendered mental health reports has been ruled admissible for an inquiry into the conviction.
Eastman is serving a life sentence for the murder of Australian Federal Police (AFP) Assistant Commissioner Colin Winchester, who was shot dead in the driveway of his Canberra home on January 10, 1989.
The 68-year-old former treasury official, who has served 18 years, has maintained his innocence and challenged the verdict in every possible forum.
In September last year, the ACT Supreme Court ordered a review, now underway in the form of an administrative board of inquiry headed by former Northern Territory chief justice Brian Martin.
The inquiry began on Tuesday with allegations that retired trial judge justice Ken Carruthers had access to mental health assessments of Eastman, despite ruling against their admission during the 1995 trial.
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At issue was an affidavit from a former court registrar who said she saw some of those reports in the possession of Mr Carruthers.
On the second day of legal argument on Wednesday, Justice Martin ruled that evidence was relevant and should be included in the inquiry.
Justice Carruthers' judicial immunity against testifying will be respected however, following a guarantee from Justice Martin on the issue on Tuesday.
Other terms of reference that have been discussed include Eastman's mental fitness to plead, the conduct of police and prosecutors, and new evidence relating to gunshot residue discovered in his car boot that was identical to gunshot residue from the murder scene.
The court on Wednesday also heard Eastman had been subject to overt surveillance procedures by AFP officers that might have affected his state of mind in the lead-up to the trial and the mental health reports.
Eastman's lawyer, Mark Griffin QC, argued the "lockstep" surveillance was conducted with the intent of provoking a reaction from Eastman, as well as "playing on his paranoia" to lead to a degeneration of his mental health.
The inquiry has been adjourned until next Monday.
