19 Jan 1995
R. v. MAK CHUN KA
- Citation
- R. v. MAK CHUN KA
- Court
- Court of First Instance
- Case number
- HCMA1362/1994
The magistrate erred by placing undue weight on witness demeanour and the appellant's alleged failure to protest at a noisy taped meeting while insufficiently addressing material inconsistencies in PW1's evidence, documentary bank evidence, the delay in reporting, poor audibility of the tape and the appellant's denials recorded in the ICAC interview; on balance the prosecution had not proved guilt beyond reasonable doubt and the convictions were unsafe.