6 Sept 2021
HKSAR v. MOALA ALIPATE
- Citation
- [2021] HKCFI 2611
- Court
- Court of First Instance
- Case number
- HCCC76/2019
The court found the emails between defendant and Antony were genuine and, when taken with the defendant's VRI denial, were capable of supporting only a single reasonable inference—that the defendant was duped into transporting alleged 'chemicals' and therefore innocent; DNA evidence could be explained by indirect transfer scenarios and did not exclude that innocence inference; s47 only imposes an evidential burden which the emails and VRI satisfy; accordingly no properly directed jury could be sure to draw an adverse inference beyond reasonable doubt and the judge ruled no case to answer.