17 -
It was suggested to us that the phrase "pretty damning"
was far too strong to apply to a situation in which all the 5th
appellant had been able to say, was that he had seen the 4th holding a chair leg but had not seen her actually use it upon Shanghai Chai.
In fact however the th appellant had said more than this. In
cross-examination he had described the 4th appellant as the
controlling interest, the "mastermind", behind the beatings. "Pretty damning" cannot be said to be an inappropriate description
of such evidence.
The remaining ground of appeal w s on behalf of the
5th appellant and alleged that the learned commissioner failed to
deal adequately with the case of that appellant. As presented,
this ground of appeal had more apparent substance in regard to the
finding of causing grievous bodily harm than in regard to that of
murder. But oven in regard to that lesser crime there was evidence
upon which the jury could reach the conclusion of guilt, for the
5th appellant himself admitted punching YEUNG Shing as well as hitting Shanghai Chai. We are unable to agree that his case was not adequately dealt with.
We find no real substance in any of the grounds of appeal of any appellant and application for leave to appeal against
conviction must accordingly, in each case, be refused.
We wish to say a particular word of thanks to two of the
counsel engaged upon this appeal. Whilst we are indebted also to Mr. Downey for his careful and painstaking arguments, Mr. Goodbody and Mr. Leung went beyond the call of duty. It so happened that these
clients were legally aided but in regard to the murder conviction only. To have asked the 1st, 2nd, 3rd, and 5th appellants to present their own arguments upon the appeal against the conviction for causing grievous bodily harm would, in a case of this length and complexity, have placed an impossible burden upon them if complete justice was to be done to those appellants. We were both relieved and grateful when Mr. Goodbody and Mr. Leung, though not briefed by the Director of Legal Aid upon this aspect of the appeals, came to the assistance of these appellants and of this court, by volunteering to address the court upon the matter of the grievous bodily harm convictions as well as upon that aspect of the appeals in respect of which they