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then asked the group to go with him to collect the money.
He
.
J
claimed that the deceased then boarded the car again and the car
was driven to the hillside and parked and that the deceased then
!
wanted them to go down to the village on foot. He claimed that at
th
one stage the deceased wanted to go on his own but one of the other men in the group wouldn't agree. After they had walked on for a few paces, the deceased suddenly turned around and punched the 2nd defendant on the chest catching the 2nd defendant unprepared. The deceased pushed the 2nd defendant and he fell to the ground and he felt painful on his hand. The 2nd defendant shouted at the deceased
saying "What are you doing
At this stage the 2nd defendant
stood up and saw a fight between the deceased and the other two
men.
隳
He tried to stop them asking them to talk it over.
34
However
..
He
he was pushed to the hillside by somebody whose identity is unknown. He saw the deceased produce a knife and stab one of the group and he saw one of the group produce a knife and stab the deceased. then said that all three were fighting together (apart from himself of course). He said that he asked them to stop fighting again but they continued to fight. Then he heard somebody utter
. "Ah".
He He became afraid and then he saw a car being driven up. saw the headlights. He again asked them to stop but they would not and he then left and boarded the car and lay on the rear seat. Eventually the other two men of his group returned covered in blood. He testified that he saw the 1st defendant that evening and he told the 1st defendant what had happened and he also told the 1st defendant the following day that the knife had been discarded near a petrol station and he pointed out the approximate area when the two of them happened to pass it while travelling in a mini bus. He claimed that he only realized that the deceased was dead when he was told by the police and he was shocked to hear this.
In my view the jury were absolutely right to reject this story which was highly unlikely. His contention that the deceased was allowed to leave the group for 20 minutes in the heart of Kowloon, and also was armed and thus able to produce a knife while he was on the hillside was just unbelievable. The 2nd defendant also disputed