CO129-550-7 Rex v. Ng Loi Yuen- appeal to Privy Council 1-1-1934 - 31-12-1934 — Page 14

Mr. Lam: That is exactly the point. I could not then have taken objection.

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Mr. FrascI: That is true. Neither the Crown nor the defence knew until the closing day of the trial that Mary Pine was not going to give evidence. The trial proceeded up to that point on the assumption

that Mary Pine would give evidence.

Mr. Hayden: Kr. Lim was not in a position to rasie a technical objection then?

Mr. Fraser Your Lordships will understand that I am not objecting to the amendment of the grounds of appeal. I am merely bringing cases to your Lordship's notice in order to assist the Court. May I direct your attenti n to Cr. Aveal Reports No Vol.120 page 44. Case of A.M. Cairns. That report is the last case in which the Court of Cr. Appeal entertained an application of this kind. With regard to the other statements as regards fact and with regard to misdirection should Your Lordships find any of the statements here actually come within the notice of appel they could be dealt with by my learned friend, as regards Mrs. Fairburŋ I have stated what I believe to be the law on tht subject. I am opposing the addition of nothing neither law nor fact I am merely calling Your Lordships attention to this case in order to assist the Court.

(After discussion

Judges decide to hear Mr. Cim.)

·

Mr. Limi Quotes Rex v. Cohen 2 Cr. Appeal Vol. 11 paze 197 let. para.

Mr. Hayden: After obtaining Crown's position, since it is not opposing MI

Lim Er. Lim carries on.

Mr.

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on

Lim: - Refers to 3ric Davis' evidence on page 12 of Judge's notes. "I saw no one else" that is the point I stress. "We were all the floor of the bridge" - That is another point. There were six children on a bridge throwing stones. At a certain time Eric Davis leit them to go home for a drink. When he left them they were still playing on the bridge and were on one side of the bridge facing the

· cak Tram and no one else was on the bridge. They were standing on the floor of the bridge.

Mr. Hayden: They were all standing on the same side of the bridge. Mr. Lim: Yes.

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and

(Mr. Fraser interrupta as he cannot see what this has to do with Mery Pine - and Er. Lim states he is referring to the two witnesses continues.}

Mr. Limi Mrs. Fairburn's evidence on page 13.- Depositions.

(Judges state depositions were not handed in to them rectified and copies supplied.)

omission

Mr. Lim: Midale of p. 10. The point is - the boy and the girl she saw thrown in by the Appellent were the a-me boy and the same girl she saw rescued.

Bottom of page 15. of the Judge's note.- confirms above. Next evidence of Dr. Valentine on page 3 of Judge's note.... Denth uue to fracture of skull etc. Cause of death was fall from a

3ra height of 6 ft. on page 5. In answer to my crous examination line from the top 'wound on head more consistent with fall from height etc.'

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Evidence of Mrs. Valentine and Mrs. Thompson nd the tunnel episode - not much im ortance attached to this. Evidence of motive two-fold (1) 3 letters found in Appellant's basket" and (2) statement he made t olice Magistrate "1 commit suicide because I have no money." Question of drink does not concern the Court of Appe- No direct evidence implicating Appellant to show what he did to the other three children. The evidence is circumstantial and was admitted

6th line by Trial Judge to be so in his Suming Up on page 14.

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