CO129-550-7 Rex v. Ng Loi Yuen- appeal to Privy Council 1-1-1934 - 31-12-1934 — Page 77

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down the nullah elose behind Michael and Mary Pine and Norman Stone. trere becing washed dorm

(f) that the Appellant was in the tunnel and resisted

being taken out.

(8)

that documents (ex. 7a, b & c) were found in the

Appellant's basket, that the translation of one of which

(Ex. 7a) read :-

"He who dares to kill the European will

be a great hero.

Please be a righteous

and brave man who will be a great here"

and,

(h) the fact that the Appellant was in a depressed

state of mind on the day in question and apparently attempted

to commit suicide.

This evidence shows the Appellant had both the

opportunity and the motive for committing this crime and the

fact that he was seen to have thrown two of the children from

the bridge into the nullah and was observed being carried by

the current down the nullah at the same time as Norman Stone

and Michael & Mary Pine were being carried along it, leads

one irresistably to the conclusion that all five children

and the Appellant entered the nullah at approximately the

same time.

The defence admitted that the Appellant threw or

dropped tony Flood and Fay Bromley into the nullah but

suggested that the other children either accidentally fell

from the bridge into the nullah,an or that they climbed into

the nullah and then accidentally slipped into the water.

We think it to be too great a coincidence that the

other three children should have accidentally fallen into the

nullah at the same time as the Appellant threw Tony Flood and

Fay Bromley into the water.

We therefore consider the verdict not to have been

against the weight of the evidence.

We now come to the questions of fact,