CO129-550-7 Rex v. Ng Loi Yuen- appeal to Privy Council 1-1-1934 - 31-12-1934 — Page 16

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Br. Hayden

Crown.

You are dealing with statements made by Counsel for the hat he has said, want to find out exnotly the words used

by Mr. #Inser.

Fraseri As far as I remember that is the only pert, mer:ly a statement on paper which has been produced to your Lordship s.

At Linerhaps my friend will agree to tell us that in addition to this paper, he mentioned what Kary Pine would say in reference to thece two bruises on her neck.

I mentioned the bruises on her neck. I said they may * regeri- have been caused tx by the macused, but I did not say thạt Hary would say that these bruises were anused by this man's fingures - I did not say that that is impossible.

Mr. Lim disagrees - it is his impression that Kr. Fraser did any that and är. roser denies it - saying it would be 1 possible for him to say so. AT. FImser said that certain points were discussed between

ŋunsel for Defence and him on which they were agreed, and this point was not rained, As regards the two bruises Ar. Fraser said they "may have been caused etc. Er. Lim stated that he is reminded in the Notice of further notice which was served on him it is clearly stated that kary would have said "I was on the bridge when the man got me by the neak and threw me in." Kr. raser strongly objects at this stage, saying "I think Your Lordships laid down that statements put forward should be agreed upon. I have never had any opportunity of seeing this statement, and I am amazed at his putting 14. Whereupon Mr. Lim stated that they agreed on certain points and it was agreed that if there was anything else which both Counsel

would agree upon.....

(Discussion whereupon Mr. Jacks and Mr. Hayden state there cannot be an argument in Court about it, and they must be agreed on their poi te). Mr. Lim refers to page 14 of the summing up where the two bruises are stated to be indicative of the grasp of the accused on nry's neck as she tried to run away. (4th paragraph, page 14).

If I may quote the words which I rememberi These marks may have been anused by the accused in throwing Hazy Pine over."

Br. Haydeni The words used by the Learned Chief Justice "These are indicative of the grasp of the accused as Mary Pine tried to run away.

· raseri - That is as far as 1 went.

Mr. Hayden i- And the Judge's summing up goes to bear out what #r. Fraser bas seid.

A

imi- I accept that sy Lords. That being the position, if I may go back a little. I submit that the evidence being circumstantial, that the sum to tal of the evidence is consistent in every way with the appellant's innocence as with his guilt - this mentioning of Mary's Pine's evidence in the opening his seriously prejudiced the jury. I admit the frial Judge warned the Jury to disregard what the Crown had said about what Mary Pine would say, but I submit in spite of that warning the mischief is done. I support this statement with several other misdirections which I submit în reference to #ary's Pine's evidence, as mentioned in the rown's opening. Page 6 of the summing up

about 10 lines from the bottom. "There was no sign of the scoused

but I think we can assume

Mr. Haydent will you refer me to your notice of awwent on Une filost Mr. Lim: This is not dealing on that point. *e aro dosiin. ith the fact that defence is seriously prejudiced. I any ti ia a diadirection

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