Thomas' original convictions were quashed, however before the final orders were made the Commonwealth Director of Public Prosecutions sought to make a submission as to whether there should be a directed acquittal or whether there should be a retrial. The court heard brief arguments, then set aside the issue for a further hearing, to be held after the parties had made written submissions. The prosecution sought to introduce as evidence statements Thomas made in an interview with the Australian Broadcasting Corporation for the "Four Corners" television program in February 2006.