15 May 2006
HKSAR v. NGAI WAN CHEUNG
- Citation
- HKSAR v. NGAI WAN CHEUNG
- Court
- Court of Appeal
- Case number
- CACC198/2005
The court concluded that the trial judge's frequency and nature of interruptions during the cross-examination of the primary witness so interfered with defence counsel's ability to test the evidence that the conviction on the first charge was unsafe and had to be set aside; the second conviction was also not permitted to stand because the perception of a fair trial was too undermined, but the quality and weight of the second witness's evidence did not justify a retrial on that charge. The court therefore quashed both convictions, ordered a retrial on the first charge only, and awarded costs o…