CO129-550-7 Rex v. Ng Loi Yuen- appeal to Privy Council 1-1-1934 - 31-12-1934 — Page 78

6.

The first of which is that there was a miscarriage of

justice in that the statement in the Crown opening relating

to Mary Pine's evidence seriously prejudiced the defence.

It would appear that in his opening learned Counsel

for the Crown stated that Mary Pine would say:-

(a) That some of the children were standing on

the second rail of the bridge.

(b) That the children including Michael Pine were

thrown in by the Appellant.

(c) That the bruises or marks on gry Pine's neck

were caused when she was seized by the Appellant and thrown

into the nullah.

Learned Counsel for the Appellant submitted that the

words used by Counsel for the Crown had such a material

bearing on the issue and were of such serious import that

the Jury could not, notwithstanding any caution by the Judge,

put the matter entirely from their minds,

We cannot agree with this contention for the statements

referred to were not supported by any evidence and the Trial Judge took special care not only to warn the Jury to pay no

attention to these remarks, but throughout his Summing Up he

impressed upon the Jury that there was no direct evidence to

show that the Appellant had thrown Michael Pine into the

nullah, and on at least two occasions he directed them that

if they had any reasonable doubt that the Appellant caused

Michael Pine's death they should give him the benefit of

that doubt, bearing this in mind we cannot believe that the

statements in question made by Counsel for the Crown at the

Opening of the case actuated the minds of the Jury when

considering their verdict.

We are of opinion that, apart from any evidence which

Mary Pine might have given, the evidence adduced at the Trial

was sufficient to enable the Jury to arrive at their verdict,

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