CO129-550-7 Rex v. Ng Loi Yuen- appeal to Privy Council 1-1-1934 - 31-12-1934 — Page 121

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Mrs.

strict accord, as Mr. Murphy has sworn in his evidence, in strict accord with the principles laid down in that Report. Accused was paraded with other men of the same height and appearance, dressed in the same way and paraded in a room with a good light with no one near him. You remember even his trousers were changed in case there might be some suggestion because they were muddy he must be the man. At his own request he chan ged jackets with another man, and he was allowed to choose his own place in the parade.

Fairburn was brought in. She looked at them from the front and

she looked at them from the back and it was from the back that she

identified the accused. The only view she had had of the accused

before was side-face. From the back she picked out the accused. Mrs. Fairburn was taken out by another door-way, not put in with Mary or Private Sellars. Mary Pine was then brought in. identified the accused. 'Without hesitation' says Supt. Murphy

by counting 1, 2, 3, 4, 5, 6, indicating not once but twice the accused's place. She broke down ran to her mother and cried. You are asked by Learned Counsel for the Degente not to draw an

Defence

She

adverse opinion from that. It is easy with young children like Mary Pine to overstress the importance of an emotional display such as that. Learned Counsel for Defence says to you that at sight of the man she had recalled to mind the dreadful things that happened. It may be no more than that. That she was asked to point out a man with whom she had had that terrifying journey down the nullah.

Private Sellars identified the man he had seen going into

the tunnel.

I mention the identification parade because of a remark

made by Learned Counsel for accused. The remark that of course any man accused of murder would be more easily picked out from an identification parade than if he were paraded with men charged with

a similar offence.

Gentlemen, it is of course a debating point, which Mr.Lim is entitled to take and endeavour to make. If you accept that