High Court Appeal
In October 2004, Mallard's legal team was granted special leave to appeal to the High Court of Australia and on 6 and 7 September 2005, Mallard's appeal was heard in the High Court and the Justices subsequently judged unanimously that his conviction be quashed and a re-trial be ordered. During the hearing, Justice Michael Kirby was reported to have said that on one of the pieces of evidence alone - a forensic report, not disclosed to the defence, showing that Mallard's theory about the weapon used in the murder could not have been true - a re-trial should have been ordered.
The DPP did not immediately drop charges against Mallard but did so six months later immediately before a directions hearing was due. After almost twelve years in prison, Mallard was released on 20 February 2006. However in announcing that the trial would not proceed the DPP stated:
"Finally, I note for the record and for the future that this decision is made on evidence presently available to the prosecution. The discharge of Mr Andrew Mallard on this charge does not alter the fact that he remains the prime suspect for this murder. Should any credible evidence present in the future which again gives the state reasonable prospects of obtaining a conviction again, the state would again prosecute him."
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