Appeal Court describes witness murder as 'cold blooded conspiracies'
2001-6-22
The Court of Appeal today (Friday) described the crimes committed by the man who conspired to kill an ICAC witness as "cold blooded conspiracies" and dismissed his appeal against conviction and sentence.
Cheung Wai-ming, 45, was earlier found guilty by a jury at the Court of First Instance of conspiracy to murder Tommy Chui To-yan in Singapore, and conspiracy to prevent Chui from being a witness in the trial in Hong Kong, with intent to pervert the course of public justice.
The offences took place between August 1, 1994 and April 1, 1995. The trial related to a $8 billion cigarette smuggling case, allegedly facilitated by corruption, involving Chong Tsoi-jun, Tin Sau-kwong and Yeung Kam-fai.
Cheung was sentenced to 27 years' imprisonment.
In handing down the Appeal Court's judgement, Vice-President Mr Justice Mayo said: "These were cold blooded conspiracies to go to almost any length to pervert the course of public justice including the murder of the person who was prepared to testify agai nst Tin."
Mr Justice Mayo also ruled that while the sentences were heavy, heavy sentences were warranted and they were neither manifestly excessive nor wrong in principle.
Cheung's lawyer had submitted a number of grounds of appeal which were all rejected by the Court of Appeal.
One of the grounds concerned the evidence given by a main prosecution witness who was facing trial for alleged murder, conspiracy to murder, robbery and rape.
Cheung's lawyer argued that it was an unfair ruling for the trial judge to have refused to allow the defence to inform the jury that the witness had been allowed to plead guilty to manslaughter.
The Court of Appeal however ruled that the trial judge had given the jury a full warning of the witness' criminal record and his "desire to assist himself in the trial he has faced".
The Appeal Court also rejected the argument that the trial judge had not adequately summarised the evidence, asserting that "all of the important aspects of the case were sufficiently canvassed".
The Appeal Court also found that there was an abundance of evidence to enable the jury to conclude that the agreements to kill and to pervert the course of public justice had been made in Hong Kong.
The appeal was considered by Vice-President Mr Justice Mayo, Vice-President Mr Justice Stuart-Moore and Mr Justice Stock.
Cheung Wai-ming, 45, was earlier found guilty by a jury at the Court of First Instance of conspiracy to murder Tommy Chui To-yan in Singapore, and conspiracy to prevent Chui from being a witness in the trial in Hong Kong, with intent to pervert the course of public justice.
The offences took place between August 1, 1994 and April 1, 1995. The trial related to a $8 billion cigarette smuggling case, allegedly facilitated by corruption, involving Chong Tsoi-jun, Tin Sau-kwong and Yeung Kam-fai.
Cheung was sentenced to 27 years' imprisonment.
In handing down the Appeal Court's judgement, Vice-President Mr Justice Mayo said: "These were cold blooded conspiracies to go to almost any length to pervert the course of public justice including the murder of the person who was prepared to testify agai nst Tin."
Mr Justice Mayo also ruled that while the sentences were heavy, heavy sentences were warranted and they were neither manifestly excessive nor wrong in principle.
Cheung's lawyer had submitted a number of grounds of appeal which were all rejected by the Court of Appeal.
One of the grounds concerned the evidence given by a main prosecution witness who was facing trial for alleged murder, conspiracy to murder, robbery and rape.
Cheung's lawyer argued that it was an unfair ruling for the trial judge to have refused to allow the defence to inform the jury that the witness had been allowed to plead guilty to manslaughter.
The Court of Appeal however ruled that the trial judge had given the jury a full warning of the witness' criminal record and his "desire to assist himself in the trial he has faced".
The Appeal Court also rejected the argument that the trial judge had not adequately summarised the evidence, asserting that "all of the important aspects of the case were sufficiently canvassed".
The Appeal Court also found that there was an abundance of evidence to enable the jury to conclude that the agreements to kill and to pervert the course of public justice had been made in Hong Kong.
The appeal was considered by Vice-President Mr Justice Mayo, Vice-President Mr Justice Stuart-Moore and Mr Justice Stock.