THE CHINA MAIL, WEDNESDAY, JULY 20, 1980.
DEFENCE QUESTIONS STANDARD
....
OF TRUTH IN COWIE'S EVIDENCE
ri
The standard of truth in the evidence given by William Henry Cowie, the Crown's chlof witness at the Conspiracy Trial, was questioned by the defence in the packed courtroom of the Supreme Court yoster- day. Mr. H. G. Sheldon, KC, leading counsel for Marcus A. do Silva, solicitor, in his cross-examination of Cowle recalled the action brought by him last year against the Attorney General for wrongful dismissal from the Hong Kong Police which failed.
Recalling further that the then Chlef Justice, Sir Leslie Gibson, in the course of the Judgment had pointed out that either the. Police or Cowie had committed perjury, Mr. Shel- don asked Cowle whether he was using the same standard of truth.
Cowie replied he was on oath to tell the truth.
was
loon. This suggestion denied. Cowle however admitted there was a light diminution of the
number of pupils.
for
Silva that the latter
ed him.
bad, He also admitted the fury found against him in that caso..
"Do you still say to tlio judge and Jury here now that in thatị case the $60 woe planted on you at the instigation of Mr. Shaftaip, and that Aselatant Superintendent of Police Johnston and Inspector
per Morrison had deliberately jured in that cara?"
I do, though it might not be deliberate perjury.
And then
you sny your
Reminders
Today
Toc H meeting, ib, Macdontiq!!
Road, 8.30 pm. Swimming
Goln, European YMCA, 7.30 p.m. " NAAFI Club, Duits Tournament,
A p.m.
European YMCA, Mahjong, 10 auŋ, Union Jack Club, lust Drive, Servloes Club, Screening of caricons, 6.pan. HK Art Club, Summer Exhibl
tion, British Council library.
a.m. to 6. p.m..
Women's Section.
7.45 'p.*** Nine Dragona
in the trial was abso- Musical Evening. English Metho-
dist Church, & pan, Shanghai-Sumatra Rubber Es-
Lic Shanghai Loan tatos,
& Investment Co Ltd.,
onnual meeting, SCM Post board room, 12 noon,
I am on oull to toll the truth.Legislative Council meeting, 2.30 "The same standard of truth?" Yes,
This ended Mr. Sheidon's cross- examination of Cowle and Mr. MoNeill then took over.
thought Cowle had taught Cheung Dik. ahan to drive.
evidence Denying the suggestion, wit-lutely true?" ness said he had the Impression Yes, Replying to a question whether that he was being asked to give "And the standard of truthful- Sievin did any tome testing in faise evidence.
ness in the present trtal is the the previous pupils, Kowloon of any of his
In reply to Mr. Sheldon who same as that at Cowie said ho did not know asked whether he had interview-trial?"
Inspector Slevin at the time.
ed Mr. Lonsdale, Cowle said if Hayworth was the testing spec- Mr. Lonsdale the Crown Counsel fleturning to the conversation was meant, he had not Interview- between Silva and Cowie at the Mr. Sheldon then put it to Peninsula asked witness if he did complain Cowle that Silva had never snlu Farm Mr. Leo d'Almada, KC, and Mr. to Silva that things were becom-anything about compensating the D. A. L. Wright Instructed by Siring difficult for his pupils since relatives M. K. Lo are appearing with Mr. Stevin and Harris came over, and cycllat who was killed in the se- Sheldon for Silva. Mr. John that this was the reason why he cident.
Cowie denied this and said he MeNell and Mr. S. V. Cittins was going to Australia.
clearly remembered what,Silva instructed by Mr. C. Y. Kwan. replied No. are defending Shap-kwai Tam. Cowie further denied a suggea- and to him. This was what Silva the second accused.
tion that he had commented to said: "Before you decido I have Silva and Tam are charged with Silva on the strictness of Slavin's insisted, and I have decided, that dccensou will conspiracy to prouure false evid-tests, and had recalled an occa-the relatives of the
compensation. sion in which Slovin had failed receive full
of the nutcotne of the gurdless of the one of his pupils becouse the
The present caso is being heard before the Acting Chief Justice, Mr. E. H. Williams, and a jury of five mun and two women.
enco.
Hotel, Mr. Sheldon
Cawle
of
the Dairy
ra-
Mooting with Tam
Mr.
MoNeill questioned.
Nine
p.m.
Nine deaths From rabies.
Nine persona, have died from rabien sinon the begin ning of the year. The intesÉ the death was, reported. in werkly Health. Haturn 16. Iossed yesterday..
In the same week, a dally
·dled average of 10 persons fram tubarquiçais. The total was 70, increasing the num bar since the
beginning of the year to 1,001
In the period under review there were aler lx -do the from anterio, fever, and ons from diphtheria,
Totul deaths from all eaLBOO was 405
against 1,204 births.
AL
FARMERS' FINES
REDUCED
In a review of sentence at Kowloon yesterday, Mr. James Coming ovants Wielts reduced the Gino of
TOMORROW
$360 to $150 which he impos- Dragons Services Club,ed on Monday on each of four semi-finals and finale of farmers from Mang Kung Uk Tenpent's Darts Competition, Village for thefts of Army 7 p.m.
property including two expen- Kowloon Rotary Club lunch,
sive tarpaulins from the Or- Peninsula Hotel, 12.30 p.m. NAAFI Cluth, whist drive, 7.30 dinance Depot in Clear Water
Bay, p.ni. Union Jack Club, tombolo, 7.30 Nine Dragons Services Club, Band
Call Brandcast, 8,15 p.m. HK Women's International Club, whist drive for Forces, 7.30
Dowle closely regarding the alleged mesting between him and Tam, the second accused. Cowle said it was hie opinion Tam was able to follow com- pletely the conversation held in his house. Asirudi it be agreed that most of Tam's repiles were directed to when Cowle spoke in long sen tences, witness replied it was one of the dimculties of the Chinese when they were not conversant HK with the Engilsh language as spoken by a nutive.
p.m.
Mr. Paul Tall of the District Office in rsking for a review of sentence on behalf of the defen- dants said that their average an- uni income from forming ranged from $400 to $500 and that cach has a family to support.
Dofondants were Sin Sun-yup scsylon of a 3.5 shell and who sold the powder in the shell to with the larceny of two tarpaullos: Ashermen: Yu Lol-fat, clarged and Yu Wal, brother of Yu Ching, charged with the possession of a Japanese sword.
his evidence yesterday morning, driver, Instead of stretching out case." Cowie dented the sugeca-either the first or the second part, | HR Softboll. Aasvelation, annus Yu Ching, churned with pus
Was
reason
Dragon cloned a
Club,
After Cowie had finished giving
general meeting. Green Room, he was cross-examined latensive- his hand when turning right, had on that Silva had asked him to
Peninsula Hotel come forward to give evidence
a p.m. ly by Mr. Sheklon.
only opened his hand half-way.
had Witness told the Court ha
a fee of between
FRIDAY, $500 and for Cowle Counsel asked
it th
Art Club, Summor Exhib position was that, at the meeting only remarked about the severity $1000.
Regarding his alleged telephone
ton, British Council Library, between Bilva and himself at the of the Hong Kong driving tests
9 am, to 6 p.m. Peninsula Hotel, Silva had asked to Silva without mentioning any conversation with Silva, Cowie
asked whether the
Union Jack Club,
8 p.m. him if he could give evidence name at all.
put it to for it was to get something out
Nine Mr. Sheldon then that he had taught Cheung Dik- chan | how
to drive. Witness Cowie that he had found Harris of Silva to implicate him. He re-whether he knew anything about
and Slevin difficult to deal with plied the reason was to give the agreed with this,
Cowie further agreed that the and that he consequently thought impression he was willing to quenilon remained unanswered at his affair with Slyn would raise agree to Silva's suggestion that the time because just before they him up again in the grace of the ho should give perjured evidence, parted he told Silva he wanted Police. Denying this, Cowie sala he did not agree that any Police time to consider the matter.
That position remained until officer was against him May 23, on which day Silva-time.
conversations
The transcripts
tombola, 7.30 pm. SATURDAY NAAFI Club, beach picnic, 2.30
p.m.; tombola, 7.30 p.m. Checro Services Club, tombola,
7.30 p.m.
Services Dragone tombola, 7.30 p.m.
camc
Club,
TALBOT HOUSE. SPEAKER
Tonight's Guest Speaker 4 Talbot House, 60 Macdonnell Rood will be Mr. Alfred Jenkins of the American Con- sulate-Generul.
The title of his address will be Tronds in American Life of the Past. Fifty Years".
A cordial Inyitation is extended to all who are interested; the meeting, begins at 8.30 pm.
DONATION ACKNOWLEDGED
"Was the converration with the second accused an attempt to see the matter?" asked Mr. McNell. Cowle replied he was not peeting Tani. When Tam arriver he said he came on the instruc- tion of Silva. "From then on I Just let the conversation run Ninc Mr. Sheldon then asked Cowie along normal lines." atided Cowie. at any
il he had rend all the transcripts Before Cowie left the witnesa. witness in the case, to which he replied stand, Miss Remedios was brought according to the recordings--ask- Further questioned. ed him "If he was willing.
affirmed that his instructions from he had read them several times in for him to Identify. He said case on May 15 from his imma
familiar with Mr. Sheldon then asked Cowie the Police were received from Mr. sald he was
he could not recall Miss Re-diate superior Mr. Johnston. addes! later that liemedios having handed him On the morning of May 20, at if it was that at 3.18 on the day Cashman, who told him that is them, but
9.30 a.m., Cowle with was not completely tamiliar with of his first Interview with Silva, telephone
visiting card.
to his The next witness was Mr. A. Coffee and together they went to he had made up his mind to re- Silva, he should give Silva "the then, nort-the
The ense of the Crown was Maxwell, Deputy Commissioner of Mr. 7 Beltran Road, arriving there matter to the Police.impression thut he was wing that the transcripts of the con- Police, who said on May 8 he about 9.40 am. He took a wire
and agreeable to his suggestions. Witness denied this.
Referring to the telephone conversation showed Shiva was received a telephone call from recorder and Induction pad with Asked what his reason was for
get evidenza from you ringing up Mr. Maxwell, Deputy versation with Silva on May 24 ing lu
which he rande an appointment | dat. Commissioner
that which was recorded at Cowie's that you had taught the girl to Cowie in his office, as a result of him, which he set up in Cowie's of Police,
drive, Silva knowing all the time for him to call at his office on On his instruction Cowie rung Anti-Tuberculoela Association are afternoon. Cowle said that at the house, Mr. Sheldon asked with that was not so, suggested bir. May in. Cowle called at 10 a.m. up Silva, and the conversation Previously acknowledged $273,871.11 end of his interview with Silva, what his object was in ringing Sheldon.
The machine and Medame Hua L Kwong Chi his mind was in
Silva up.
on May 11, and the matter was was recorded. Cowic answered that
"I believe It ir, but I am not laced in the hands of Mr. Johns-Induction pad were thien removed
(32.000 to the RuttonJon San4. state, He knew immediately af-Silva hnd asked him to do so.
Lerum Streptomycin Fund and terwards that the suggestion had Turning to the events on May a position to know," replied on, the Director of Criminal from the living room.
$1,500: Lo the Occupationi Cowie.
Investigation
On May 23, at about 1.30 p.m.,↑ meeting Was been,out
to him by Silva to 28, counsel said a
Cowie was naked to
Therapy Fund) look
On May 28 he went to No. 7 he received a telephone call from commit perjury, and that he was arranged for that evening bo-
through the whole of the trans-
Felfran Road, but nothing hap-Cowle, as a result of which he tween Sliva and witness. Agree- offered money to do so.
cripts and WRE thun acked
went to Beltran Road. He found ing to this, Cowie said that Mr. Maxwell, Cashman, Inspector whether in any statement of Dened.
He went again on May 31 the recording set alongside the elthor himself or of Bilva, there
the Cashman arriving there at telephone with
Induction corder. seemed to he any doubt on the about 0 p.m. and was .met
The by pad.
same spool was on. part of Silva that
He then left and returned at Tebbutt and Inspector He removed the spool Into Cowie's Cowie, had, in fact taught tho
and
over 4.20 p.m. and then set up the played
and Induction. pad, girl ito drive.
themselves in, the bed-room, [ex- | both recordings.
He recognised recorder To this Cowie repiled by re-
Cowle again spoke into the telephone, and the conversation ferring to the telephone cunvor ccps Cowle who was in the alt both Cowlo's and Silva's voices,
ting room across the passage way. taken
"I have known Silva for a was recorded, The wire recording machine was
leng time-18 years ago.
On May 31 he went agala of fixed up in the bedroom.
about 6 About 7.23 p.m. Cashman was have been in the Police Force and they hid themselves
Dan with Mr. Maxwell, in
very confuseti
First thought
"In my own mind," witness Tebbutt and another police officer stated, "I knew I could make was present in hiding at his house the necessary entries in my waiting for Slivn, who did not appointment book and could
appear.
in
of further yourse Cross - Oxamination, witness
raquired of
give the evidence me with little fear of detection. Although $1,000 was mentioned by
accused. I thought the
first
the
denied: he was either "an actor er Palice informer. Mr. Sheldon then turned back
salion
witness movich, They all concealed bedroom,
"How" naked Mr. Hooton.
Sinco
Lates dimations, to the Hong Kong
Total
3,500.00
$375,478.21
have alleged to race on May 24: in the course or which, he said, he pointed out to the first telephone conversÄ- to Suva tion Cawie had with Silva
that he did not ever
I have had a lot of cases with on know the name of the girl, yet
him.
Mr. Tebbutt He went to school with Cowie's bedroom. May 8 on the subject concerned. Counsel asked witness whether heater on in the same conversa
also there. The recorder with could say this was the first time tion there was another reference
me. We were not in the same and Inspector Karpovich were ever approached by any on this point which made the facianess Inaked through the window grade, but he was a contemporary earphones was set up. He kept
he Was
watching from the window, when he gave a signal for the recording machine to be switched on, Wie
and sow a
I could get more. That was the first thought that struck me. "The second thought that cama to me was that I knew I was pre- fudloed-against the Police. I was wrongfully dismissed. I sued the Hong Kong Govominent without
man, (who seemed to of mine in Hong Kong.” quite clear. any financial benchi. I asked one in connection with the man-
be a Chinese, dressed in yellow Questioned on the two visiting shirt, and blue shorts, and wear dance, saut after
Witness, continuing his evi myself why I should report Silva's slaughter case then
that he left panding. cards which Cowle said were left Ing dark glasses, coming, through the recordar and spool in poel suggestions to the Police."
Cowie went on to say that n
steps to tion in Cowie's bedroom, Put Counsel suggested. that Siiva in his houso on May 23, he dent the rate and up the
es that one of the cards was third thought he had was that he had told him he was action, on a
the Induction pad, there, and and
handed to him personally by a Cowie's flat. that is Remedies.
Witness, put on his earphoned returned at 4.30 p.m. "Do you
and listened to the conversation. Cowie also: handed, hån two After the conversation ended visiting cards, which he identified Cowie came into the bed room. In court, handed two. $500, notes, to Cashț- man, and Tebbutt handed witness a wire recording spool In, a gerton
Cowlo sald. Yes.
case
accident
St.
"And you said to her you near couldn't go and asked Silva to
Witness ring him up." "No.
"Do you own a white dressing gown with a blue dragon?"
ahould report. The two latter trafe accident thoughts were uppermost in his Cowle had repiled: mind on May 11, when he was mean the Interviewed by the Deputy ComTherese's
Church?" missioner of Police. Even then, he denied, having said this. had not decided, whether to forget Turning to another aspect the matter or report all the facts. the conversation on the telephone, Witness paid he did tell Mr. Mr. Sheldon asked witness if he Maxwell that he had been up, had any idea what Silva had proached by someone who had meant by the term "professional asked him to commit perjury. He matter."
of
No.
ed Miss Remedios."
turned to Tebbutt
and st watch at the windows
#COLLSO₫ 725. p.m. the second arrived.
He put on his earphories and hoord the conversation which Cowie had with second accused. The
The conversation ended at 8,04
m
After the conversation. Cowię como into the bedroom and Conversation recorded handed him, a typewritten, states The next day, May 24, at lunch ment and two $500 notes. Tobi
Bat butt handed him a spool, which witness inftalled and re-time, he went to Cowie's
and set up the induction pad The next morning the mool and recorder, which had been was played ovar to Cowie. Wit- left by him in the flat. He reresa cald he recogalsed it or carded a conversation which the conversation, which had taken Cowie had on the telephone, us place the previous evening. ing the same spool. After the Further hearing was adjourned conversation, he shut off, the, se- to 10 am. today,
" suggest that you received Misa Remedios wearing whito, dressing. gown with a Cross-examination blue dragon, when you treanty- In reply to Mr. Sheldon wit
Hose zal after the Interview with I never recolved Miles Remedios. - Cowie be dropped out of any "This is not the first time you active part, in the matter un mud | havo- given evidence In the May 20 From, May, 1 to 28 ho Supreme Court of Hong Kong did not Interview any Follco
No, sir.
afficere, in the matter. He agreed “On April 20, 1940, you brought the, coarations, wam (illennind by an action against the Attorney Mr. Johnston. General for wrongful dismissal." "Did you
see Mr. Lonsdale about the matter between May 11' and 207"
did not mention Sliva's name, nor On receiving a negative reply, any particulars, of the evidence, counsel suggested Cowie's answer It was only half an hour later was entirely untrue. "If a per- that he did decide to lay the facts som is rung up by a lawyer and open, to Mr. Maxwell.
Pr. Sheldon asked Cowie what told that he wanted to see him on actually made him decide to do professional matter," and it, in fact that person or yourself in Witness replied this case did not know what what ho did. that although he was prejudiced that matter was I would suggest against the Police, he had always that he would ask instinctively. remembered his earlier training what the professional matter in as & Polles offleer in England: question was about." In many ways, he still thought himself sa a Police officer, and considered It his public duty to
the matter
repoun), Baked;ifƐat the time|
Yes.
"And the action was in connes tion with having taken. $30 briba suggest that if you had not from a man named Chan Yu-tons approached by anyone in the course of your duty re batorn on the subject of the garding Inspection of motor particular caso then pending vehicles" you would have saked tike any.
Yes body elser: What about: Mr. Sheidow: toldi Dowler added that Cowles however; did not do that, but marely #grood to get Bilva thủ next day,
Previous approach. Counsel then specifically puttit Cawls aid, he to: Cowie thatị hơ had been ope did; not; romambor, glying this prosched by someone else in cont
Cowie was considering using to Australia to which virtuesh He did not, think of JL replied seriously, Mr. Bheldon aug geated that witnbas had told this to: Bitva,Card: miko. that tha-rag» son given for his going was thes his, driving school. Business was going down.
Dik-chan's nection with Cheung
fact $50 was found in your
You,
No.
"Have you been Mr. Lonsdale
in connection with this case of
I have.
ali
|
"On how many-occasions?" ||| I was with Mr. Lonsdale in dis- 'cussions, after May 31. I believa It was the day' after, the 31st. "j "And your case was hoard: by was it, the Arst time you diễ the then-Chief Justice, Sir Leslie Gibson,
cussed the matter with, Mr. Lons-} and a special jury.”. dale?******
Yes.
by
Mr.
It: You were the plaintiff.” ⠀
gava ·Instructions to I Was
Cowlo in this matter? :- When | F "And your affirmative case, puta instructions I moan instruc reager to Blive Questioned as to whether he cars before. May and has to the jury was that the $50 had tone for his activities between knew at the time that Inspector person had told him that Silve con planted on you by the May 29 and June 17
Chinese, Chan Yu-tong, "ut the I cannot, say, Harris and Inspector, alevin were was: appearing for the defened request and instigation of Mir.. in the Kowloon frame office, Thai, hoj sold,, was; the
Further questioned reason Shaftain, former chief of the Cowie said he did not know. He why Coute. found it unnecessary Anti-Corruption Branch of the make a guos
wliness said ́ ́he could Sholdon, had, however,, had something, loj-to-ask- &lien, whats the "profos: Hong Kong Polleo,
I handed tho do with Harris in connection with | slonal malter" mentioned
CASO OVCE driving licenses for his pupils, he about
Mr. Shaftoin, a
Johnston, and I believe he in very senior turn handed it over to Castrap. asserted,
Upon Cowie denying all there
these member of the Pollen Forco, with Mr. Sheldon recalled that there suggestions, Mr. Sheldon further 25-30 years service, had retired guess one of the other of thiắc was a chutge in trame personnel, suggested that witness:
told Silve which Harels took over the did not want to give evidence action.
to England; at the time of the spoke to Cowie, about the chao
Wildges, added.: hồ took, nứ in which
Counsel "arked wit in a traile, enge because i would: Prior to the nettom Kowloon
netfor he had
active
Hart 1 hp
ar May, 117 ness whether Harris, when he put Harris and Slevin mors tools charge, kept the diary of ever
That was the only active part de was "And that was the case you took gainst him. The retired: Licence des appointments, Cowie denied, fed instructed your lawyer, and gave there will to hear the evidence
The reason for his going ropiles that this was dong for a Cowie also dented. Chat Having evidence in this court time. Babsequently, the testing discussed
PMP. D. G., Culler, employee of
inspector himpit kopt the Alary, Bilva, the latter, hea
pa Suquestion danlad 1401 was
Mryophylden thens aktčitije | Log
matter
"to pay as slibe
to 10:40, Collom sana na excret]
Dest
sobis
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