TNAG-0554-FCO40-649-Review-of-death-sentence-in-Hong-Kong-1975 — Page 58

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and, having been cautioned, was asked to identify the gun he said he had with him at the bank robbery: No.1 pointed out a gun which the ballistic

expert said did not fire the fatal shot. No.3 picked out a different

gun which the ballistic expert said had fired the fatal shot.

The second reason arises from the answers of other accused

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which, though not evidence at all against No.3, nevertheless, bears out his story that he fired the fatal shot. I have quoted above what No.1 said. No.5 said "..... after the incident, during a conversation someone who I cannot remember said it was (No.3) shot dead the policeman with

his gun

" No.7 said "

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When everyone had returned to the house

of (the 8th accused), I then knew that (No.3) had shot at the police. then collected all the guns including mine, altogether there were six, and put them into (8th accused's) drawer. I pocketed the key myself. The gun used by (No.3) to shoot the policeman was among the six ....."

I think the police witnesses may have made a mistaken identi- fication when they said it was No.1 who fired. Or, alternatively that both fired but No.3 was not seen by them.

However, the opinion of the jury was patently clear:

H

In my address to the jury I told them that if a person fired a shot knowing that he would probably kill and did kill someone that is murder. I told them that if in the course of their deliberations they decided that

谭

:

No.1 or No.3 had in fact done that they would find the one who fired the shot guilty of murder, but that they should find all the rest not guilty; they could not be held guilty of such indiscriminate shooting. As the jury found seven of those charged guilty of murder clearly they did not consider the shooting was indiscriminate. On the other hand, I told them, whether

or not they decided who fired the fatal shot, if they were convinced that at the time it was fired it was the intention of each that all force necessary to escape and bring the money to its destination should be used then they could find anyone who had that intention guilty of murder.