A key witness who helped put a man in jail for one of NSW's most notorious crimes has recanted in a deathbed confession to right any wrongs.
Witness E was a crucial witness in the prosecution of Anthony John Michael Perish, who was jailed in 2012 for the murder and dismemberment of Terry Falconer in 2001.
After being diagnosed with terminal cancer, witness E made a statement in 2014 absolving Perish of all responsibility for Falconer's death, claiming in an affidavit he wanted to "make peace" with himself.
Witness E died in March 2014.
A month later, the barrister Perish hired to gather evidence for his appeal, Dymphna Hawkins, who obtained the deathbed statement from witness E, served the new material on the Crown.
The affidavit has been submitted as part of Perish's appeal against his conviction in the NSW Court of Criminal Appeal.
Witness E's affidavit stated he decided to tell the truth because he was so "riddled by guilt" and he went to the Police Integrity Commission but it wasn't interested.
"I am now diagnosed terminally ill with cancer and I wish to make peace with myself by righting any wrongs I have done," the affidavit, referenced in a judgment on Thursday, states.
"This is especially the case putting innocent persons in gaol for crimes they didn't commit."
Crown prosecutor Sally Dowling SC has identified in court three possible reasons for witness E's change in story.
Firstly, it could have been to help witness E's long-time friend Perish when witness E had nothing to lose.
Secondly, it could have been done in retaliation against police for charging him in relation to Queensland murders, or thirdly, because he had a "crisis of conscience".
On Thursday, Justice Robert Hulme granted the crown access to some of Ms Hawkins' legal documents, including handwritten notes.
However some documents were kept confidential due to client privilege.
Falconer was abducted while on work release from prison in Sydney and his chopped up body parts were found in the Hastings River on the mid-north coast in 2001.
Perish was sentenced to at least 18 years for murder while his brother Andrew Perish was jailed for at least nine years for conspiracy to murder.
Perish's subordinate, Matthew Lawton, was jailed for at least 15 years for the murder and conspiracy.
The case was later portrayed in the TV series Underbelly: Badness.
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