Is the Affidavit inadmissible on appeal?

I also held that the Affidavit was inadmissible on the basis of the test for admission of fresh evidence on appeal in Palmer v. The Queen, 1979 CanLII 8 (SCC), [1980] 1 S.C.R. 759 at 775: (a) Evidence should not generally be admitted if by due diligence it could have been adduced at the trial. (b) The evidence must bear upon a decisive or potentially decisive issue in the trial. (c) The evidence must be credible in the sense that it is reasonably capable of belief. (d) The evidence if believed could reasonably, when taken with other evidence adduced at trial, be expected to have affected the result.