Policeman guilty of perverting justice in orchestrating staged drug arrests

2005-12-14

A Detective Police Constable, charged by the ICAC for conspiring to pervert justice by orchestrating staged drug arrests so that a police suspect could falsely present himself as an informer, was today (Wednesday) convicted at the Kowloon City Magistracy.

Wai Ka-ming, 37, was found guilty on one count of conspiring with Chak Tsan-wing, a pub operator, and Gary Lam Wai-ho, a suspected triad member, to pervert the course of public justice between June 7 and December 31 last year.

Magistrate Mr Sham Siu-man adjourned sentencing to January 3, 2006, and remanded the defendant in the custody of the Correctional Services Department.

The ICAC investigation arose from a corruption complaint. Subsequent inquiries revealed the perversion offence.

The court heard that on June 7, 2004, Chak was arrested by the Police for suspected drug-related offences and was subsequently released on police bail.

Lam, who was Chak's close associate, told the latter that the defendant could help Chak "fix up" his case.

Through the arrangement of Lam, a meeting was held between the defendant, Chak and Lam at the Yau Ma Tei Police Station on June 11, 2004.

During the meeting, the defendant suggested to orchestrate staged drug arrests, so that Chak could falsely present himself to the Police as an informer for reducing his criminal liability in the prospective prosecution for drug-related offences.

The defendant told Chak that he was required to finance the staged arrests, while Lam would be responsible for purchasing the drugs and recruiting purported arrestees. The defendant also told Chak that he would register Chak as a police informer and arra nge for police actions against the purported arrestees.

At the request of Lam and the defendant, Chak made cash payments, totalling $114,000, to Lam on nine occasions for arranging the staged arrests.

The court also heard that during the time while he was under police bail, Chak, through the arrangement by the defendant, met police officers for providing purported information in relation to drug-related activities, which were in fact fed to him by the defendant.

However, the staged arrrests promised by the defendant never materialised. On September 18, 2004, Chak was formally charged by the Police with two drug-related offences, the court was told.

Chak pleaded guilty to the police charges and was subsequently sentenced.

Both Chak and Lam were charged along with the defendant in connection with the ICAC case. Chak had earlier pleaded guilty to his role and will be sentenced tomorrow.

Lam failed to appear in court on September 2, 2005 as scheduled. A warrant was then issued for his arrest.

The prosecution was today represented by Senior Government Counsel Gary Lam, assisted by ICAC officer Bonnie Mak.
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