CO129-550-7 Rex v. Ng Loi Yuen- appeal to Privy Council 1-1-1934 - 31-12-1934 — Page 120

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You have a considerable identification of clothing as well as

evidence of others connecting the accused direct with the whole

course of this journey.

There is the question of the accused's behaviour in hospital.

The Counsel for the Crown has not made anything of it.

I am

referring to the 'attempted escape' suggestion which you remember

Dr. Valentine made. I want to say this. A thing like that is

quite susceptible to two explanations. One man might say "all

this evidence against the accured, in spite of having a cracked

thigh bone, in spite of having all the attention in hospital and having a plaster of paris splint put om, what does he do? the moment

he sees a chance of soaking off that splint he does so - and tries

to run for it."

On the other hand you have got to remember "Suppose the

accused was perfectly innocent, he wakes up to a realisation that

he is lying in the prisoner's ward in hospital with perhaps the most serious charge hanging over his head, he is in a strange

unfriendly atmosphere and surroundings of which he knows nothing,

he hears two of his fellow prisoners are making a run for it,

it is not unnatural that he should have a shot at it.'

鲁

I don't think that you are bound to draw from that 'escape

incident' any inference adverse to the accused. I think in fact that it well might be ignored and overlooked altogether when

there are so many very important matters for your consideration.

-

I daresay

Now, before I come to the next main head of the case that

is the question of motive, I want to say just a word with reference

to the identification parade. I did not intend to say anything

about it because you have heard from Supt. Murphy with what

scrupulous care that identification parade was conducted.

some of you may remember a few years ago certain aspects of police practice and procedure were subjects to inquiry by a Royal Commissi on in England. The Royal Commission considered the proper methods

of conducting identification parades so that everything would be

scrupulously fair to the accused.

This parade was conducted in

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