David Eastman could soon be free after almost 20 years in jail because of serious flaws at his trial - even though a judge thinks he's probably guilty of murdering a senior federal policeman.
A long-running inquiry into Eastman's conviction found there was a substantial miscarriage of justice at his 1995 trial.
Former Northern Territory chief justice Brian Martin, who conducted the inquiry, said a fresh trial was not possible after so long.
He recommended Eastman's conviction be quashed and he be granted a pardon. It's now up to the ACT Supreme Court to make the next move.
In his 447-page report, Justice Martin said he still thought Eastman did it.
"While I am fairly certain that the applicant is guilty of the murder of the deceased, a nagging doubt remains," he said.
But the substantial miscarriage of justice at his trial should not be allowed to stand uncorrected, he said.
Eastman, 68, a former treasury official, was convicted of murdering Australian Federal Police assistant commissioner Colin Winchester, shot dead in the driveway of his Canberra home on January 10, 1989.
He's the most senior policeman ever murdered in Australia and initially police focused on the Italian crime organisations he'd been investigating.
But the investigation eventually centred on Eastman. At the 1995 trial, the prosecution claimed Eastman's motive for murder was concern that a conviction for a pending assault charge would bar his long-sought return to the public service.
Among those he lobbied was Commissioner Winchester. The prosecution said the final straw was a letter from Commissioner Winchester which arrived on the morning of the murder, rejecting his representations and saying the assault matter would have to go to court.
The trial was marked by constant disruptions as Eastman, a colourful and erratic character, sacked and rehired lawyers, sought adjournments and abused the judge and his own legal team.
Eastman was convicted in 1995 and sentenced to life imprisonment.
The prosecution case was circumstantial.
Crucial evidence related to tiny particles of gunshot residue from Eastman's car boot, which Victorian police forensic scientist Robert Barnes testified were consistent with those found at the murder scene.
Justice Martin found Mr Barnes gunshot residue evidence lacked proper scientific basis and was deeply flawed.
"Unknown to the defence, Mr Barnes, who gave critical evidence connecting the applicant's car to the scene of the murder, was far from independent and objective. He regarded himself as a police witness and was biased accordingly," his report says.
Justice Martin said Eastman's guilt was determined on the basis of deeply flawed forensic evidence in circumstances where he was denied procedural fairness.
"As a consequence of the substantial miscarriage of justice, the applicant has been in custody for almost 19 years," he said.
At the end of the 1995 trial, Eastman still faced some 200 assorted charges of assault, threats and harassing behaviour which hadn't been finalised.
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