HKSAR v. Harjang Singh and Another

Case No.DCCC 776/2012

Court

District Court

Date22 Jan 2013

Judge—

Case Document

100%

DCCC 776/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 776 OF 2012

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	HKSAR
	v.
	HARJANG Singh	(D1)
	HARJOT Singh	(D2)
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Before:

H.H. Judge E. Yip

Date:

22^nd January 2013 at 12:55 p.m.

Present:	Mr Ian POLSON, Counsel on Fiat, for HKSAR
	Mr John HAYNES C., instructed by M/s Eric Yu & Co for D1
	Mrs Mahinder PANESAR, instructed by M/s Eric Yu & Co for D2

Offence:	(1) & (2) Wounding with intent（有意圖而傷人）
	(3) & (4) Doing acts tending and intended to pervert the course of public justice（作出多於一项倾向並意圖妨礙司法公正的作為）
	(5) Causing grievous bodily harm with intent（有意圖而導致身體受嚴重傷害）

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Reasons for Verdict

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1.I am indebted to the defence full written submissions which highlighted the material discrepancies of PW1’s evidence in court and his evidence in witness statement. I am not sure if any single version can prevail over others. In other words, it is not clear to me what actually happened. This observation can also apply to PW2’s evidence.

2.PW3 was unable to identify any of his attackers, let alone connecting any to D1 or D2. His evidence in court also suffers from material inconsistency with his witness statement.

3.Victims’ evidence apart, there is nothing much to offer in the cautioned interviews of D1 and D2.

4.D1 and D2 are acquitted of all charges.

( E. Yip )
District Judge