Hopefully the Victorian DPP thinks of possibilities like this before they prosecute cases.
Something we covered in Psychology. The interesting aspect of this theory is the way in which the memory can be manipulated. I recall the lecture where we studied an experiment where a person was shown a photo of themselves younger in a hot air balloon and asked if they remember the trip. (source: Garry and Gerrie) and Wade, Garry, Read and Lindsay . This was a fake photo (constructed) and the person did eventually say yes I remember it when they had not been in a balloon.
Other things to consider is memory is only as good as the details which are encoded. This comes from our perception of the events. I will say this again "our perception" of events or the world at the time.
Further, Attentional bottlenecks can limit the amount of information that is perceived.
Would not be complete without a reference to schema theory. A schema is a framework or a set of ideas representing some aspect of the world. They can be concepts. Schemata influence how you interpret new information and play a larger role in what you pay attention to (attention is vital for memory encoding) when learning. Schema determine what you learn and how you represent that knowledge. Schemas can also lead to distortions in memory.
Memory also degrades over time and this has been proven. See Barlett's experiment 1932. Finally, memory for detail is poor in humans who can be influenced by questions suggesting specific expectations. This is one of the reasons why Barristers are not allowed to lead witnesses in the court because of the ability to create the perception of something being real or happening when it did not.