THE CHINA MAIL,, FRIDAY,
Page a
&
Alleged conspiracy case:
Transcripts of recordings inadmissible as evidence
The transcripts of the recordings made by the police of conversations involving the accused in the Silva-Tamstrial on a conspiracy charge, -are not admissible in ovidence. Only the ro- cordings are admissible as evidence to the jay.
This ruling was made by Mr. J. Reynolds at the Central Magistracy yesterday in the fourth day of the trial of Mr. Marcus da Silva and Mr. Tam Shao-kwai on a charge of conspiracy to procurc evidence to the perversion of jus- tice,
f
The ruling was mude.follow- ing strong protests from Mr. H. G. Sheldon and Mr. John McNeill, defence counsel.
Mr. Sheldon said the transcripts were exactly the suine u the shorthand notes of a police wit-
sald at the cas. Mr. McNelli highest the transcripts could re- Present the pollee opinion of what the words were on the spool.
Mr. Silva is being defended by Mr. H. G. Sheldon KC, Mr. Leo d'Almada, KC, and Mr. D. A. L. Wright, Instructed by Sir Man-kum Lo,
Mr. John McNeill KC, instruct- ad by Mr. C. Y. Kwan, is re- presenting Mr. Tam,
Mr. A. Hooton, Crown Coun sel, assisted by Mr. T. Cushman, Acting Director of Criminal In- vestigation, is prosecuting.
At the outset of the proceedings yesterday Mr. Cashinin was re- called to clear up a point in his evidence
second ne- regarding cused at Kowloon Police head- quarters on June 2 at 5.30 pan. Mr. Cashman said he took down particulars and cautioned Tain in the usual forin. This was read out to him and he signified that he understood. Tum elected to make statement in English which was taken down,
This was rend out to Tam who signed the slatement.
Recordor installed
Mr. D. O. Tebbutt, Assistant Superintendant of Police, was then called to the box. He said on the afternoon of May 28, with Sub-Inspector Karpovich, he went to Police Headquarters, Kowloon where he met Mr. Colunan. About two minutes Jater Cowie arrived. He und Karpovich went to No. 7 Beltran Road, where he installed a intero- phone and pre-ampliter and re- corder in Cowle's lat. Later Mr. Maxwell and Mr. Cashman ur- rived, and all waited until about 10 par.. when they dismantled the equipment and returned to Police headquarters.
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On the night of May 30 he again installed the same equipment
amuh to haud to the driver of car 11040. The number was frat mentioned by the other hand and repeated by Cowie,
Transcripts mode
Mr. Tobbult's. Mere ended veralon of what he heard, and then he said between June 0 and 21 he made, transcripts of the recording,
Doth Mr. Sheldon and Mr. Mc- Noll thereupon objected to there transcripts being in ns exhibits on the ground they are not adiniasbic in -ovidence.
T
at the premises, and on the after- ru must ask your worship for |
said Mr. Sheldon.
4. Mr. Sheldon. on what
noon of the next day went to test 1 with Karpovich, He put ground?" asked Mr. Reynolds. a spool on the recorder, The spool was a new one. The only thing on it was a brief test which he cleaned away.
After a longish wait they got signal from Mr. Cashman, and the recorder was zet in motion. The quality of the reception was teated, and at odd times during the period of conversation which was taking place in the next room, he heard snatches of it.
own
Lieutenant Goporal Sir Robert Mansorgh, GOC-In-C, Hong Kong, apeaks at the opening of
the new NAAF Club on Chatham Road"China Mall” photo
Reminders
Today
General Mansergh
opens new NAAFI Club
The transcripts are exactly the same as the sirarthand notes of Mr. Tebbult. These are transcripts of a recording machine, and |
therefore in my submission are Mr. Cashman arrived,
At 530 pan. Mr. Maxwell and inadmissible," said Mr. Sheldon.
the "My objection is based on same ground, and also on this, that these transcripts could only represent Mr. Tebbutt's opinion as to what the words are on the spool. That can only re- present his opinion to
put it at the highest. They are clearly inadmis-Union Jack Club, Whist Drive
(dance cancelled), 7,45 pan. sible," said Mr. McNeill,
Club, Nine Dragons Services
Tombola, 7.30 pan. Pictorial Photography_exhibition
at Messrs. Trang Fook Piano The Co. Marine House, Queen's Road, Centrul, 10 bin, to Photographic Exhibition of India, 217A, Prince's Bldg., 10 am.
to 7 p.m.
After the conversailon he switched off the machine, removed the spool, placed it in a box, and Initialled the box, The equipe ment was packed
up and lett
in the house. The spool war handed to Mr. Cashunan.
On the next day Mr. Teltbutt 10 No.
Belfran Road, and he placed an induction pad under the
telephone and zet up the recorder,
went again
During lunch Cowie received ene short telephone call which Mr. Tebbutt started to record, but finding it was in Chinese he stopped. That telephone call re- mained on the spool,
Mr. Hooton said f
the contents of the recordings are admissible then the written transcripts of the contents must also be admissible. cont
"In my umords on the tre
submission the intro- during of the words on trans- cript paper is justifiable in the cane way as one is fustiẞed by convenience in taking a photo-
of n graph or a translation
the
document," sakl Mr. HooreignIIK and Whampoa Dock Co., an- |
The Magistrate, however, susi tained the objection of the twe HK
He rald re. defence counsel. cordings were the best evidence and the other evidence war secondary. The only evidence admicelle to the jury wore the
cordings, he ruled,
Shortly after that a man ar- lved. He was met by Cowle who spoke to him in the garden, The next witness was Detective Lator Cowic returned and the Constable 1107, Luk Kwan, at- telephone rang. He switched on tached to the CID Healquarters. the recorder, put on his head-Kowloon, who corroborated the phones, and the beginning of the evidence of Mr. Cashman, given conversation, as far as he couldnt a previous hearing. remember, was somewhat to the following effect.
Cowle answered the telephone
Bank account
und the volce ut the other end The next witness, was the as- Enid "Marcus here. It then sistant compradore of the Banque went on to say that "Tommy Belge pour l'Etrangere, Queen's was all right."
Hard Conrad, Br. Le Hung-tong
the re-
on
nual meeting, 308, Queen's Bldg., 12 noon Football Association, annual meeting. Jacobean Room, HK Hotel, 6.30 p.m.
Coming events
',
More than 1,000 people yesterday attended the formal opening ceremony of the now NAAFI Club in Kowloon-built as a social and ro- creation centro for the local garrison. 10-room building, which has cafeterias, bil- liards and table tennis rooms, gift shops, a sports centre, and a main lounge, was formal- ly opened by GOC-in-C, Lieutenant General Sir Robert C. Mansergh. General Mansergh expressed |
General Mansergh specifically
to the audience, on behalf of thanked Mr. Dallery and repre- of the construction servicemen, the
appreciation scntatives to those responsible for seeing company for their services,
Much of the construction work to it that the club was buili.
on the building was done by the He added that he knew it would Royal Engineers themselves.
The club, which is open to all bo a factor in maintaining the
officers' morale of the British forces at n services, also has
cafeteria-an Innovation for their stay la St. Stephen's College, Prize-Giv-high level during
similar
In Hong organisations ing at Stanley, 5 p.m. Hong Kong.
Kong. Cheero Services Club, tambola, Club,
TOMORROW
Nine
7.80 pin.
Dragons Services tombola, 7.30 p.m.
Weather review for June
Think was all he could remem- who testified that S.K. Tum, the Ler of the conversation because second secused, had an account at shortly after something happened the bank. He knew both Tam and whileli made him remove carpliones and adjust
his signature, and asked to iden corder.
tity film, he pointed to second ac- Two cool periods were ex- the The conversation was recorded,cused in court.
perienced early in June, Shown choque No.A71841, he first from June 1 until June and he was about to rewind the
sald recorder when he heard voices on
was drawn by Tam
4 and the second. from June the stairway. He stopped the
May 11 for $4,000 in favour of to June 12, fresh East winds equipment and retreated down bearer. It was paid through the the room and hid behind a parti-
clearing house the same day to prevailed on both occasions, tion. The spool was still on the
the
Netherlands Trading so- and mean daily temperatures recorder. He went into thr
olety. The choque was endorsed fell as low as 72.3 F with a bedroom and finished the rewind-
by M A. da Slive
minimum temperature of 70.6" B. W. Wilmink, cashier of F on June 10 and 12; there! ing.
"Cowie then came inte the the Netherlands Trading Society, after temperature remained in, bedroom and after speaking to the next wliness, seld
Mr. Marcus the eightics.
}
Amarican car
MA.
The controller for NAAFI In: South East Asia and the Far East Mr. H. de Le Pentold, also spoke briefly yesterday on behalf of the Board of NAAFI in London.
an
A staff of more than 30 will be en duty at all times to serve the serviceinen and maintain the new centre.
Asked what he thought about! NAAFI Club yesterday, an Army He thanked General ManserghPrivate who attended the opening! Commodore L.N. Brownfield an" said: "It's the best I've seen." Air
Commodore A Davies for. thels interest in attending the opening "I NAATI Club,
Food -prices
FRESH FISH PRICES
Fresh fish average prices Fnalised st Food served at
the club the Hong Kong. Fish Wholesale Market, prloed well below the average: Kennedy Town, yesterday were-
First quality Average prices in most Hong Копр
petca restaurants-an important fac-
kcalty
price
A cally
1,71
1.40
1.35
JAS
1,43
150
.95
1.82
04
.4%
for in view of the asrvlooman's | Oiler -Grouper ....... $2.60 White Pomfret (large), 1.85 pay. Though unlike the Cheero Club, Gaidan-Thread which accomodates a number of Horse Head (mall)
led Ben Hvar (large) 1.45 end leaves with looping RC Has Tall servicemen overnight or on week Corner Pike
the NAAFI Club Ir comodation, flarger and equally well appointed. Present at the opening were the Droughtsman, Mr. R. Dallery
Con-
Chict him Mr. Tebbutt took up his posi- da Silva had two accounts at his The heavy rainfall of the proof the Royal Engineers, and re- tion on the left side of the bank- Shown the cheque just vious month was not maintained, presentatives of the Nire Dragons window where he could see the mentioned, he said it was cleared Jume rainfall being 114.5 mm. Club. tood.
and paid into Mr.
Mr. Silva'r account
Forty-seven per below normal,
Kent Engineering and the same day, Aaked i
If the en- cent of the total rainfall fell instruction Company supervised the dorsement on the back of the the four days, June 10 to 13, dur- check Was
the signature of Mr Ing the Northward passage of a construction of the club. Silva, witness said it was slightly trough across the Colony. 2.30 p.m. I saw a large American different, but he thought it was total, rainfall from January 1, car bearing registration HK040,"his signature. As it was a bearer 1930, was 20 mms. below normal; continued Mr. Tebbutt.
the bank did not check at the end of June.
the night June a
"Some time between 2 p.m. and
*The
:
Taxi driver
~
with its specimen signatures on tropical storm moving North shot by armed
Ale
looked up and down two or three times. He vaulted the Chief Inspector C. Dowman, Westward passed about 30 miles hesitated, and then walked to vestigation, Hong Kong, testified ball) was hoisted at 11.45 pan. on gato, and looked up the balcony. Acting Director of Criminal In- West of Hong Kong. The new Strong Wind Warning (a black the bottom of the verandah to to charging both silva and Tam June 28, and a gust of 50 knots the stairway. I had never seen on the evening of June 2, the man before. He was the Mr. Dowman sald on June 2, was experienced at the Royal second accused, watched him at 0.50 p.m. he met Silva in Observatory at 7.22 am. on June as he passed the window and the consider of Gloucester Build-39. saw his face. Then 1 wensing, first floor. He told Silva The month's Agures and depar- over and switched on the re-his business with him, and then iures from normal were corder."
Sunshine: 111.4 hours went into his offee. Thero he
*1
(63.3
robbers
Two armed robberies of taxi drivers were reported to have taken place last night.
The driver of taxi number 4403 was seriously wounded by his Chinese passengers who attempted to rob him while "I listened to the conversation read out the warrant to him and hours below normal). between Cowle and the other then cautioned him Silva re-
Raintall: 273.4 mms (114.3 the car was passing Tung Lo person whose voice WRE
Wan Road at 11 p.m. yester- theplied: "I understand."
mms below normal),
Cloudiness: 85 por cent (7 per Bame as the one I heard on the
"At 8.42 pan. the same ove
day, previous day. I made a note of
nlos
at Central cent above normal).
who resisted the in my office
The driver cont Relative humidity: 88 par the conversation"
Police Station, I read and explain-
robbers was fired at by one of Here Mr. Tebbutt gave scraped the charge of conspiracy to (5 per cent above normal):
the passenger with a revolver. of the conversation from hla Silva, and cautioned him in the Mean maximum temperature:
Police 'squads called out after notes. It started off with Cowie sat form. He replied he under- 83.0°F, (1.8°F. below normal).
the incident were stul hunting Mean temperature: saying someone was seeing him stood the chargo and elected to
70.3°F. *** the unidentified passengers carly ou Monday, and then: "Evo min-make a statement, The state (1.3°F. below normal).
this
merlag. utes to knock off the statement."ment said: "I dmy the charge, Mean minimum temperature:
The wounded driver was taken voice shortly after which he signed," said Mr. Dow-
70.08. 12.31. below The other
normal). this said he had made several man,
Mean dew point: 75°F. (1′Fto Queen Mary Hospital and his condition was reported to bu other appointments. Then there The 10th and 17th witnesser below (normal).-
critical. Maximum temperature record- was a request to use the telephone were Wong Hong-kwok, chlor
Another armed robbery case and Cowrie said he could do. clerk of the Tenanes Tribunal ed: 996 F. on June 19. Picking up of the telephone was once, and George Yau, an in- Minimum temperature record-was reported to have taken place at 8.30 p.m. yesterday, and the heard and a number being disti-torprotor of the Tenancy Tribuned: 70.6F. on June 10 and 12.
victim was also a taxi driver.. nd and the phone replaced. This al, who both testifed regarding
According. 16 a'ceport mada happened once more. On the tenancy pase on May 17, at A. 89-year-old shanghal Clypso
by the driver of taxi number second occasion he heard a valcovhich Mr. Silva presided. • Yau Chi-tong, merchant reing
4405 to the polles, ha was.rob aak the question: "how much do the prosecution announced that at 9, Tung Lo Wan Road/led
bad, of $11, by two unidentified you chargo for a Icason*"* Beven more witnesses have to be floor, was charged before Mr.
The phone was picked up heard, and further hearing was Hin-shing Lo at Central yester-Europeans who were riding In
day with receiving a diamond and again, and a number dialled. ndjourned to 2:30 pm. today.
the other Tinging at
sliver clo while knowing that It was stolen. hoard and then a volca saying
· “WIRTCUE,.
Mc Silva" please,” There was a break, and the volce
end was
astain said "Marcus." Again a
hort break, and then the volca sald "I'm over at, Mr. Cowlc'e place now a d
AMUSEMENT PARK OPENING
The Ming Yuen Amusement Park on Nathan Road, Howloon,
After n a little more conversation will be opened today Spe part of which was "what wm: 3
Construction of the new amuse-
to Alo"- break-and then rent centre was begun more than "you're coming over on Monday" n'moula ng und it is expected another break-then "poralble" | thuat tum spark will draw a large another long break," and then crowd today. "Just a minute," }
Cowle them took up the tontt and sold: "Minicus, yus, ili "would be better for us to get lagsTIRE. and grant fl
Romething
19-ymaz»diti #uppbt naalatant | "HAGA, TamaXT.W. Lloyd and Wong
Me: Blais
Ho was lischarged through lack of evidence.
the taxi.
One of the Europeans pulled out a revolver add rubbed Him of
11, when the car reached Wang 20 Not: Chong Road, Wanchai.
You plodded, thất hồ did...not After the two. Europeans: had kriow the ring was stolen and escaped with the money, the that he had taken it as a pledge driver, reported, the case, to the
police for the loan of HK$2,000.
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