20 Jan 2014
HKSAR v. USECHE BALANTA RODRIGO
- Citation
- HKSAR v. USECHE BALANTA RODRIGO
- Court
- Court of Appeal
- Case number
- CACC510/2012
The appellant's conviction was quashed because inadmissible hearsay (the co-defendant's video-recorded interview) was improperly placed before the jury as admitted facts and the judge materially misdirected the jury by failing to tell them those assertions were not evidence against the applicant and by inviting adverse inference from the co-defendant's plea and statements; the error was not harmless and warranted quashing and ordering a retrial.