Your Petitioners have been unable to obtain a copy of the witness statements referred to in the enquiry, which has made it difficult for them to thoroughly understand the whole position for the purposes of this Petition.
Your Petitioner has no personal feeling against the Captain Superintendent of Police and is not imputing to him any unfairness, though strongly protesting against the methods which allowed a man to be broken on an enquiry held in such a manner.
Now, if the proceedings were conducted by the strict letter of the law, which, as Your Petitioner is convinced, is doubtful, Your Petitioner submits that it is unconstitutional and inequitable that the prosecutor should preside over such an enquiry, and that the President should be an impartial person who could hear evidence on both sides with the assistance of trained lawyers, so that the full benefit of cross-examination might be obtained.
Your Petitioner had the opportunity of questioning the witnesses, it is true, but he was not allowed to take notes because he was standing to attention before the Captain Superintendent, and no writing materials were offered to him, nor was he allowed to take notes during the enquiry. The Captain Superintendent ordered him to stand in a particular place during the enquiry.
Your Petitioner says that the withholding of the evidence and the lack of opportunity to take notes were inequitable and unfair.
Further, Your Petitioner's legal advisers would point out that a person committed for trial on a charge of murder is entitled to a copy of the depositions on which he is committed.
A copy of Your Petitioner's Statement of Defence handed to the Captain Superintendent of Police during the enquiry is contained in the Fourth Schedule.
Your Petitioner was not dismissed for bribery. There was a suggestion of it in the evidence given by Sham In, a convicted gambler, who gave evidence for Your Petitioner, which, as far as Your Petitioner is aware, is absolutely false.
This witness, Sham In, further said that the expression "Dai Lau" referred to Your Petitioner. Your Petitioner believes that this expression, as used by the witness, did not refer to him. The term "Dai Lau" is a term used in more than one sense.
Your Petitioner refers to an enquiry recently held by the Captain Superintendent to enquire into a charge against Mr. Angus McIntyre. A Chinese witness examined by Sergeant McIntyre made use of the words "Dai Lau" in the course of being cross-examined.
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