TNAG-0486-FCO40-551-Review-of-death-sentence-in-Hong-Kong-1974 — Page 34

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Mr. Edgley finally expressed his opinion that at a conservative estimate the chances of finding four identical fibres of different colours and quality on the same garments in this case the cotton clothing of the deceased and the woollen sweater found in the possession of the accused was one in a hundred thousand.

It was abundantly clear that the only cogent evidence against the accused was the expert evidence given by Mr. Edgley as to the identity and source of origin of the woollen fibres found on the clothing worn by the dead girl and those found on the dark coloured sweater of the accused. Those fibres were not visible to the naked eye but only visible under microscopic examination.

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There was some evidence to refute the alibi put forward by the accused that he was at his home in the western district during the vital period of time. In particular, there was the evidence of Mrs. Rafferty was to be believed and not simply a genuine error or mistake made by her that at about 6 p.m. on the 17th March she had seen the accused at the front entrance to their block of flats engaged in sweeping the pavement at that entrance. The murder took place on the 17th March; the clothing of the prisoner was not removed until the 12th April 26 days later. The accused was a caretaker by occupation and he also removed the rubbish from the various flats he was looking after. There was some suggestion put in cross-examination that during the intervening period between the 17th March and the 26th April, the dark coloured woollen sweater might have been discarded by somebody and picked up and kept by the accused. The accused, however, did not choose to give evidence in the witness box. Mr. Sedgwick, the counsel who defended the accused, said that this decision not to give evidence was taken on his responsibility. It was, indeed, an appallingly grave responsibility for counsel to take in a murder trial. The fact remains, however, that it was a decision for which the accused must accept full personal responsibility.