David Eastman has failed in a last-ditch attempt to prevent his retrial over the murder of Australian Federal Police assistant commissioner Colin Winchester in 1989.

Mr Eastman spent nearly 20 years in jail after he was convicted of fatally shooting Winchester in 1989.

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He was released in 2014 after an inquiry found deep flaws in the forensic case against him, and recommended the conviction be quashed.

But a board of judges set up to review the recommendations overrode that and ordered a retrial at the DPP’s discretion.

Mr Eastman tried to prevent the move with an application to stay the murder charge, but today it was thrown out.

Justice David Ashley has suppressed his reasons for the decision, citing concerns a future trial could be compromised.

During the two-week hearing, which took place in February, Mr Eastman’s legal team argued that it would be impossible for a fair trial to take place.

But prosecutors vigorously fought the stay application, saying there was still a strong circumstantial case against him.

One of the many issues in the hearing was whether police and prosecutors in the original trial properly considered whether someone other than Mr Eastman was responsible.

Much of the stay hearing was suppressed or took place in a closed court.

The case will be back for directions in May.’

– with ABC, AAP