 Beamish's conviction was finally overturned by the Court of Criminal Appeal on 1 April 2005.It also reflected a common theme in Australian evidence legislation.If a prosecution had not commenced at the time the documentary statement came into existence, the requisite purpose would not be proved “unless there was at the time at least a real prospect of a prosecution.”

Perth lawyers Tom Percy QC and Jonathan Davies had worked pro bono on both men's appeals for seven years from 1998.