WEDNESDAY, JULY 21, 1993
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THE DEFENDANT CLAIMED THAT DURING THE DELAY DEMENTIA, AND AS A RESULT HE WOULD NOT BE ABLE TO AND DEFENCE TO THE CHARGES. THIS APPLICATION WAS BY THE PROSECUTION.
HE HAD DEVELOPED MAKE FULL ANSWER VIGOROUSLY OPPOSED
THE JUDGE FOUND THAT THERE WERE DELAYS FROM THE TIME WHEN THE IRREGULARITIES IN THE BANK'S TRANSACTIONS CAME TO THE ATTENTION OF THE COMMISSIONER OF BANKING UNTIL THE DATE WHEN THE TRIAL WAS SCHEDULED TO BEGIN.
THESE INCLUDED THE PERIOD BETWEEN THE BANK'S POSITION FIRST COMING TO THE ATTENTION OF THE COMMISSIONER OF BANKING IN EARLY 1985 AND HIS REPORTING OF THE POSSIBLE CRIMINAL ASPECTS HIS SUBSEQUENT INVESTIGATION HAD UNCOVERED TO THE LEGAL DEPARTMENT IN JANUARY 1986; A DELAY DUE ΤΟ THE SLOW PROGRESS OF THE INITIAL PART OF THE INVESTIGATION; AND A DELAY CAUSED BY THE UNSUCCESSFUL ATTEMPT TO EXTRADITE A CO-DEFENDANT.
THE JUDGE FOUND THAT THE DEFENDANT'S MENTAL CONDITION HAD SEVERELY DETERIORATED OVER THE YEARS SO THAT THE DEFENDANT COULD NOT HAVE A FAIR TRIAL, HE SAID.
"AS ΤΟ WHETHER THE DELAYS WERE JUSTIFIED, THAT WAS THE QUESTION AT ISSUE BEFORE THE JUDGE AND ON WHICH HE HAS MADE HIS DECISION AFTER HEARING EVIDENCE AND ARGUMENTS ON BOTH SIDES. IT WOULD NOT BE PROPER FOR ME TO COMMENT ON THE JUDGE'S DECISION AND HIS REASONS FOR IT, MR MATHEWS STRESSED.
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MR MATHEWS SAID THE EXPERT MEDICAL WITNESSES CALLEN BY THE CROWN WERE FULLY KNOWLEDGEABLE OF THE CASE. THE PROSECUTION HAD A NUMBER OF EXPERTS WHO EXAMINED THE DEFENDANT BEFORE THE TRIAL TO ASSESS HIS PHYSICAL AND MENTAL CONDITION,
WHILE PREPARING FOR THE TRIAL, THEY HAD FULL ACCESS TO THE REPORTS OF THE DEFENDANT'S MEDICAL EXPERTS.
"IN THE HEARING OF THE DEFENDANT'S STAY OF PROCEEDINGS APPLICATION, THE CROWN'S EXPERTS WERK EXAMINED AND CROSS-EXAMINED; THEY GAVE THEIR EVIDENCE IN A PROFESSIONAL, OBJECTIVE AND COMPETENT MANNER.
"THE DEFENDANT'S EXPERTS WERE EXAMINED AND VIGOROUSLY CROSS-EXAMINED. THERE WAS A FULL AIRING OF THE EVIDENCE RELATING TO THE DEFENDANT'S CONDITION, HE SAID.
MR MATHEWS SAID THE COMMERCIAL CRIMES UNIT OF THE PROSECUTIONS DIVISION OF HIS CHAMBERS DEALT WITH COMPLEX COMMERCIAL CRIME CASES.
IN APPROPRIATE CASES, EXPERTS WERE RETAINED TO HELP THE INVESTIGATION AND PROSECUTION OF THOSE CASES. OFTEN THESE EXPERTS INCLUDE EXPERIENCED FORENSIC ACCOUNTANTS.
WHEN MEDICAL ADVICE WAS REQUIRED, THE HOSPITAL AUTHORITY WAS ASKED TO RECOMMEND SUITABLE EXPERTS, EITHER IN HONG KONG OR OVERSEAS.
IN SUMMARY, SUITABLE EXPERTS WERE AVAILABLE TO THE
AND ARE USED WHEN NEEDED, HE ADDED.
PROSECUTION
/HE SAID
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