1938-02-24 — Page 4

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The China Mail

“EARLIEST WITH THE LATEST"

THE CHINA MAIL, FEBRUARY 24, 1938

Grave Allegations In Manslaughter Case Against Detective

THAT A CERTAIN POLICE REPORT WAS A FRAUDULENT DOCUMENT AND THAT PASSAGES WERE INSERTED AFTER THE ORIGINAL REPORT WAS MADE OUT WITH INTENT- TO DECEIVE AND TO THROW THE BLAME ON ANOTHER MAN, WERE AMONG STARTLING ALLEGATIONS MADE BY MR. JOHN WYATT, ASSISTANT ATTORNEY GENERAL, IN HIS OPENING ADDRESS BEFORE THE CHIEF JUSTICE, SIR ATHOLL MacGREGOR, AT THE SUPREME COURT THIS MORN ING WHEN A CHINESE DETECTIVE NO. C454, CHAN CHUN, WAS PUT ON TRIAL FOR THE MANSLAUGHTER YEAR-OLD CHINESE, CHAN SUN.

OF A 48-

The accused was committed fol-during which period another detective, and struck de- lowing police proceedings at the Kwok Kam, entered Kowloon Magistracy, arising out of ceased with a truncheon after ques- an inquest into the death of the tioning him, but left the room before deceased man at the conclusion of which the jury found guilty of manslaughter.

accused returned.--

At about 9 p.m., when deceased was squatting on the floor, accused went up to him and gave him two kicks just below. the heart. "The consequ- Accused was represented this

ences of these kicks," pointed out Mr. the morning by

Hon. Mr.

Leo

Whyatt, "were astonishing to both D'Almada, Junior, instructed by accused and deceased, for immediate- Mr. C. A. Russ, and pleaded notly-deceased turned pale, his head fell forward, his tongue protruded out of guilty.

his mouth and his hands commenced to shake, finally collapsing.”

Accused dragged the man out and ordered the other five men to assist. A European passed along the passage and asked what was happening. Ac- cused told him that the man was an opium smoker and was in need of opium.

The jury empanelled were Messrs. W. T. Knox, (Főreman), G. A. Neves, Hui Siu-wing, Leung Tien-yam, K. P. Young, Wong Tsang-sau and Kowk Sau-hin.

RESPONSIBLE TASK Opening the case, the Assistant At- torney General said his task was no less responsible than the defence as he was prosecuting on behalf of the Crown one of its own servants whose duty was to maintain law and order and to preserve life and property. But, it was the duty of the prosecution to prove to the utmost the allegations which if proven would strike at roots of administration

man.

the

The Crown's case was that accused, whilst engaged in the Service of the Crown, unlawfully killed a

It was known where, when and why the man died, but who was responsible for the man's death it was for the jury to

"Every effort," added Mr. Whyatt, "has been made to trace this European. but without success. It seems pre bable that he was a Police Officer,"

Accused made every effort in ren- dering first aid to the man and did everything, he could in that respect.

In the meanwhile, the other five men went to the Charge Room and were discharged by Inspector Hynes. The these men saw of deceased last was when they left the Station. “That pointed was about 9.15 p.m., and," out the Assistant Attorney General, p.m., "hetween that hour and 9.45 when the ambulance arrived the Crown Deceased had lived at No. 390, Cas-does not know what happened." tle Peak Road, where he carried on The man was taken to the Kwong business in wolfram ore. The princi-¡ Wah Hosnital, a procedure against the pal was a man named Chan Fat, ausual practise of the Police. tailor. On the night of August 30, medical cases were always taken 1937, Chan Fat worked until 11 pan., the Kowloon Hospital. and before retiring placed his sewing machine and 10 unfinished suits on a self in the passage of the house. The following morning the machine and suits were missing.

answer.

whose

to

REASON FOR DEPARTURE "If I have the opportunity of cross- examining the man responsible for this, I shall want to know what the reason for this departure," he added.

The man died shortly after admis- sion to the hospital and a post-mor- by tem examination was conducted Dr. Yeo, who found that the left 7th, 8th and 9th ribs of deceased had been fractured and underneath ribs three inch tear.

were

was

VISIT TO HILLSIDE Later, the tailor accompanied by a friend named Tse Sung went to Upper Lascar Row, to try and trace the stolen machine and suits. This search proved fruitless, so they went to No 20, Connaught Road, Central, where a elansman, Chan Tak-lin was employed They explained the loss of the machine Dr. Begbie would give evidence that reasonable and suits in the presence of another there were two possible clansman, District Watchman No. 38 conclusions; One that the injuries were The four men then went to Chan Fat's inflicted by the accused at the Police premises in Castle Peak Road where Station and the other that the

Deceased injuries they held a consultation.

inflicted by the": was suspected and questioned and ac- District Watchman at No. 390, Castle companied the District Watchman to Peak Road. But, added Counsel, Dr. Wong Lap's hut on the hillside. Fur

Beebie, would say that it was extre- ther investigations and questioning by mely improbable that the injuries the District Watchman resulted. in were inflicted at No. 390. Castle Peak Wong Lap and deceased being taken to the Shamshuipo Police Station. An four accompanied the two suspects, have arrived at the Station in a state of collapse. The facts of the and Inspector Hynes instructed Ser-

the case would prove that he did not ar geant Nolan to take charge of

rive at the station in such a condition. Having other work to do, Sergeant · IMPORTANT TESTIMONY Nolam left the detectives' room. wher Counsel - said the most important the six men were taken, and left ac-piece of evidence would be the testi- cused in charge of the party. Sugmony of a Chinese translator of over

case.

During the questioning of the

Road, for it they were, the man would

20 years experience. This witness

pects, in which deceased accused Wong would say that certain passages in the Lap of stealing the machines and report made by accused were insert- suits, accused, took up a stickabouted after the original report was made fourteen inches long and an inch thick out.

and struck deceased and Wong Lap] Three passages in this report alleg- several blows.

ed that the deceased had been assaulted KICKS BY ACCUSED

and threatened by the District Watch- Witnesses for the Crown would man to say that Wong Lap stole the state that they saw the assaults, machine and suits.ALL which also included kicks, by accused. "These passages. were put in for At about 7 p.m., Sergeant Nolan the purpose of putting the blame on saw accused making out a report and the District Watchman. It was intend- on asking him how inquiries were goed to deceive and ras deceived. Is ing on, accused replied that there was this not an action of a guilty man? at no case against the suspects, Ser-Deceased walked into the Station geant Nolan instructed accused to take 5.30 p.m. without assistance.” He had them to the Charge Room to obtain to be carried out in a collapsed and their formal release.

dying state. The prosecution suggests Instead of taking the men be re- that the person responsible is the man leased, accused continued his question-who now stands in the dock" conclud- ing and, it was alleged, struck the ed Mr. Whyatt. men again with a truncheon, “ Accus=" led left the room. for about 10 minutes, noon.

The

case is continuing this after-

-