15 May 2017
HKSAR v. HARJANI, KISHORE MOHANLAL
- Citation
- HKSAR v. HARJANI, KISHORE MOHANLAL
- Court
- Court of First Instance
- Case number
- HCMA425/2014
The Court allowed the conviction appeal and quashed the conviction because defence counsel engaged in sustained, serious misconduct — prolonged, irrelevant, repetitive and insubordinate cross-examination and tactical abuse (including groundless stay/review applications and departure from client instructions) — which cumulatively deprived the defendant of a fair trial; simultaneously the Court dismissed the counsel's appeal against a wasted costs order because the magistrate correctly applied the high threshold for 'serious misconduct' under the Costs in Criminal Cases Ordinance and establishe…