26 Feb 2013
HKSAR v. LAU HO YIN
- Citation
- HKSAR v. LAU HO YIN
- Court
- Court of Appeal
- Case number
- CACC288/2011
The impugned police testimony contained material, unexplained improbabilities (notably unrecorded pre-caution inculpatory admissions and failure to put inconsistencies to suspects); the trial judge failed to properly address those flaws and supplied an unwarranted explanation; excluding or discounting that unreliable evidence left the prosecution case insufficient to prove the applicant guilty beyond reasonable doubt, so the appeal must be allowed and the conviction set aside.