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THE CHINA MAIL, APRIL 28, 1989
Manslaughter Verdict In Cafe Case
DIRECTED TO RETURN ONE OF THE FOUR SUGGESTED VER- DICTS; THE JURY FOUND 22-YEAR-OLD LI PING-CHUN, WAITER GUILTY OF MANSLAUGHTER OF HIYO- SHI SAGÁRA, JAPANESE RESIDENT, THIS MORNING WHEN THE "CHA HEUNG CAFE MURDER TRIAL” CON- CLUDED BEFORE THE CHIEF JUSTICE, SIR ATHOLL `MACGREGOR, AT THE CRIMINAL SESSIONS.
Accussed was charged with the murder
Counsel added that for a period of the Japanese, who of seven weeks after the incident died in the Queen Mary Hospital there had been no suggestion put following an attack with a chop by the accused of an attack by per by accused in a restaurant in deceased, or of provocation, Wanchai.
Accused was sentenced to seven years' hard labour.
Mr. J. Whyatt, Crown Counsel, appeared for the prosecution and] Li was defended by Mr. H. G. Sheldon, K.C., instructed. by Mr. J. T. Prior, of Wilkinson and Grist.
This was a case, said Mr. Whyatt, of a Chinese attacking a Japanese for reasons known to all. It was crime of revenge.
In his summing up,
the Chief Justice said that there were four verdicts which could be returned. One of guilty of murder; one, guilty of murder, but insane; one, The jury were Messrs. B. J.one, of guilty of manslaughter.
guilty of attempted murder; and Lacon (foreman), R. Johnson, R.
The Chief Justice pointed out
L. S. Webb, J. Wong, F. Sanchez, that there was nothing in the trial M. Cario and Chan Kam-to.
from beginning to end which could Addressing the Court this morn-entitle the Jury to return a verdict. ing, Mr. Sheldon, stated that the of not guilty. picture drawn by the prosecution' If the Jury were satisfied that. was entirely inaccurate. De-death was caused by dysentery they ceased, according to witnesses for would have to consider a verdict of the defence, was addicted to drink attempted murder. In considering and a troublesome man. There was the suggestion of insanity, His evidence of a struggle before the Lordship said that accused's mental fatal attack, supported by Chan history and his reactions after the Fong, waitress, a married woman attack would have to be consider- and her nephew.
ed, but the statements made by
Mr. Sheldon submitted that the accused after the attack showed evidence of the waitress was' un- that he had full knowledge of what contradicted and unchallenged, he had done. Counsel contended that in view of If the Jury accepted accused's the evidence of the waitress, the second statement and part of the married woman and her nephew,
evidence of the waitress, the mar the case opened by the Crown "has ried woman and her nephew, that vanished into thin air."
there was a degree of provocation, Referring to the medical evi- they would be justified in return- dence, Counsel asked whether the ing a verdict of guilty of man- Jury was satisfied that the blows slaughter. caused the death of Sagara.
The Chief Justice pointed out
One of the doctors pointed out that the defence had never sug-- Counsel admitted that he could not gested to any of the Crown's wit- tell to what degree dysentery contri-nesses that any slapping incident buted to the death. Another doctor occurred. was also in doubt. He stated that "It is usual, almost essential,”. Sagara would "most probably have said the Chief Justice, "for the de- been alive to-day”, and added that fence counsel to indicate the nature- but for the wounds "I think". he
of the defence by putting questionsTM would have been alive.
to witnesses.”
Mr. Sheldon submitted that if the Jury were satisfied that deceas- ed died from dysentery there were then only two possible verdicts
The Jury deliberated for over half an hour before returning their verdict.
which they could return. » One, NORWEGIAN LINER
guilty, but insane, and the other, guilty of manslaughter. Counsel contended that a convičtion for murder was entirely out of the question.
Counsel submitted that deccased in a semi-drunken state struck and taunted accused who in a blind rage took up the chopper and struck de- ceased.
IN COLLISION
New York, To-day. Crown Prince and Princess of Nor- A Norwegian lin - with the way on board, collided with the pi- lot boat when approaching New York in dense fog yesterday.
The pilot boat's crew were, pick-
Mr. Sheldon suggested that If the Jury found accused guilty of ed up by nearby boats and there manslaughter, they add a rider re-were no casualties.--Reu commending the utmost mercy,
Crown Counsel, Mr. John Whyatt
M. Von Hassel,
pointed out that a procession of Company, was Crown witnesses had stated that R A. D. F they heard and saw no
mumotion.
causing Road Con
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