CO129-550-7 Rex v. Ng Loi Yuen- appeal to Privy Council 1-1-1934 - 31-12-1934 — Page 21

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King Vs. Bruhin 11 Cr. Aveal paze 277. About the middle of the fudgent beginning with the word "Unfortunately."

This is on the second round that th def anoe was not

properly put to the jury.

The third ground the learned trial judge misdirected the jury in his summing up in reference to* the two bruises on Kary Pine's neck♪ Page 14 - 3rd and 4th paragraphs. "There is.... they were necessarily inflicted when the accused seized Kazy Pine by the neck, "

May I point out from the beginning that the evidence of Mary Pine was 2 marks and not 2 bruises as Your Lordship kindly pointed out to me this morning. In the 3rd paragraph of the summing up on page 14. "There is one piece of direct evidence. ...etc. I admit the caustion given to the jury by the learned trial judge but if the jury were to disregard what has been said by Mr. Fraser in his opening, that piece of evidence - the 2 bruises on Fary Fine's neck cannot be of considerable importance. It cannot be a piece of evidence to fit in with this great whole jig-saw of pieces.

Mr. Hovdent. Your point is if they were to disregard what evidence would be given by Anry ine, then the ev dence given by Mrs. Fine cannot be of considerable importance f

KY. LAm 2. That is my point. It cannot be of considerable importance if the jury were to disregard the evidence of nry Fine would give as stated by Er. Fraser in his opening. I submit that the learned trial judge should have directed the jury that these two bruise a BIRGEXILEXIERETEXÍKIS

bear could be no more than that they might be marks on her body as other bruises caused by one of the many persons in the nullah who tried to t hold of her and did get hold of her in the attempt to save her. There should be a direction on that point in view of what Mr. Braser stated to the Jury in his opening.

my i refer Your Lordships to xa. Pine's evidence in cross- examinetion on page 11 of the Judge's Notes. 3rd sentence of the Cross-examinations (iscussion regarding marks being circular).

Maries 22 Ur, fonesl page 24. Judgment,

(Further discussion on "Misdirection" - Mr. Lim said it should have read "It can be no more than that.

on misdirection

{ Further discussion/onthe point in summing up on page 8. "It was suggested to you gentlemen, that te girl and the boy whom Ars, Fairburn sa thrown over were Fay Bromley and Tony F100 de "

Also, if he was determined to commit suicide why did he come out there, why not go on and complete his passage to the son, page.ll"

Also "It is possible that some of them may have been on th rails......possibly some of them standing on the rails and looking over

all of them over.

page 15, 1st para. )

Un page 11 of the summing up beginning from the top - 1st line. "This is a matter for you to decide if he were determined to camit suicide eto." This point was not taken up by the Crown. The Crown in summing up to the Jury did not say to the Jury, or did not doubt that the appellant was determined to commit suicide. The point raised was entirely by the learned triml judge and being such, I submit was not fair to the appellan' because the appellant's counsel had not the right to reply.