HKSAR v. ECHENE MATHIAS (also known as ECHENE MATHIAS HUBERT MARIE) AND ANOTHER

HKSAR v. ECHENE MATHIAS (also known as ECHENE MATHIAS HUBERT MARIE) AND ANOTHER

Acquitted defendants are entitled to costs to be taxed if not agreed, but costs are excluded where they are directly attributable to the defendants' voluntary absence from trial (including the 10 October 2013 hearing and subsequent applications resulting from that absence) or where costs arose from the defendant's deliberate decision to leave the jurisdiction leading to extradition proceedings; the application for a certificate for two counsel was refused as not appropriate.

Citation
[2021] HKDC 816
Parties
Prosecution: HKSAR; 1st Defendant: ECHENE MATHIAS (also known as ECHENE MATHIAS HUBERT MARIE); 2nd Defendant: ECHENE GAELLE FRANCOISE MARIE
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
4 June 2021
Case Number
DCCC1029/2012
Procedural Posture
Criminal Dealing With Property Representing Proceeds of an Indictable Offence / Costs Application Following Acquittals (post Trial)
Outcome
Costs allowed to each defendant to be taxed if not agreed subject to specified exclusions; certificate for two counsel refused for D2
Legal Topics
Proceeds of Crime, Costs Taxation, In Absentia Proceedings, Adjournment, Bail Forfeiture, Extradition Consequences
Source Language
EN
Criminal Law Costs Extradition Court Procedure Proceeds of Crime Costs Taxation In Absentia Proceedings Adjournment +2 more

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Parties

HKSAR

Prosecution

ECHENE MATHIAS (also known as ECHENE MATHIAS HUBERT MARIE)

1st Defendant

ECHENE GAELLE FRANCOISE MARIE

2nd Defendant

Procedural Posture

Criminal Dealing With Property Representing Proceeds of an Indictable Offence / Costs Application Following Acquittals (post Trial)

Legal Issues

  1. 1 Whether acquitted defendants are entitled to recover legal costs
  2. 2 Whether costs arising from defendants' voluntary absence or extradition are recoverable
  3. 3 Whether a certificate for two counsel should be granted

Ratio Decidendi

Acquitted defendants are entitled to costs to be taxed if not agreed, but costs are excluded where they are directly attributable to the defendants' voluntary absence from trial (including the 10 October 2013 hearing and subsequent applications resulting from that absence) or where costs arose from the defendant's deliberate decision to leave the jurisdiction leading to extradition proceedings; the application for a certificate for two counsel was refused as not appropriate.

Court Disposition

Costs allowed to each defendant to be taxed if not agreed subject to specified exclusions; certificate for two counsel refused for D2

Orders

  • For D1: Costs to D1 to be taxed if not agreed except costs related and incidental to D1's application made on 10 October 2013 and costs related and incidental to D1's extradition proceedings in Indonesia.
  • For D2: Costs to D2 to be taxed if not agreed except costs related and incidental to D2's application made on 10 October 2013; D2's application made on 23 November 2020; and D2's application made on 3 December 2020.