HKSAR v. Mudannayakalage Chaminda Pushpa Kumara and Another

CACC 249/2008

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 249 OF 2008

(ON APPEAL FROM DCCC NO. 70 OF 2008)

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BETWEEN

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Before: Hon Stock JA in Court

Date of Hearing: 16 December 2008

Date of Judgment: 16 December 2008

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J U D G M E N T

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Hon Stock JA:

1.This is an application by these two defendants for leave to appeal against conviction by Deputy District Judge Glass.

2.It is my opinion that there are not sufficient grounds upon which to grant D1 leave to appeal and leave is refused.

3.He has however the right to renew his application to the full court.  If he wishes to exercise that right he must make the application within 14 days from today.  

4.In relation to D2 the evidence against him appears to be strong but I am concerned about the judge’s finding in relation to the confrontation evidence.  His Reasons for Verdict are, with respect, impossibly long and counsel for the respondent, in spite of endeavours, has had some difficulty in identifying particular findings for me in the course of this short hearing. 

5.What gives me slight cause for concern is the finding at para 18 that a proper identification parade could have been arranged but was not and secondly that D2 in fact objected to the confrontation.  Albeit was some hesitation, I grant leave to D2 and grant him legal aid so that this particular aspect can be examined and for the matters to be argued if there is merit.

Ms Kathie Cheung, SPP of the Department of Justice, for the Respondent

D1 (Mudannayakalage Chaminda Pushpa Kumara) in person

D2 (Ganege Don Damith Susantha) in person