CO129-550-7 Rex v. Ng Loi Yuen- appeal to Privy Council 1-1-1934 - 31-12-1934 — Page 112

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the two cardinal questions.

On the first point the evidence is reasonably short and simple. It depends almost entirely in the first place on the evidence of Dr. Valentine. We know from Dr. Valentine and this is unchallenged,

that the real cause of death of Michael Pine was a blow on the top

of the head which had caused a fracture of the skull running from the upper part of the base of the skull to the base of the neck practically and Dr. Valentine went further and said "The nature of that injury, the circumstances of that injury and all that I know of the circumstances surrounding that, leads me, as an expert, to say that in my opinion death is more consistent with a fall on a hard surface

than it is with having been carried down the nullah in the swollen

state in which we know the nullah was that day and in the course of being so carried down, being thrown from side to side against the stone surface of the nullah"- which we saw yesterday morning.

Dr. Valentine gave that as his opinion, but it is not

conclusive, for he said that the injuries might have been caused

by Michael's being knocked about in the nullah.

That is the only direct evidence as to the cause of death.

Now let us come to the circumstances surrounding his death

and there let me remind you of what both learned Counsel who have

addressed you have used as an argument each in his own case. They have both told you from opposite points of view that there is

no direct evidence in this case. You are here because you are men

of the world and responsible citizens of this Colony. I will not waste your time labouring obvious points, but it is quite obvious to us all that the ordinary murdered does not go out of his way

That being so it is an unfortunate

to collect ab audience.

consequence that very many murders have to be reconstructed on what is known as circumstantial evidence. It is evidence indirectly bearing on the guilt of the accused person and the connection of that accused person with the crime with which he is charged.