Policeman gets 14 months for perverting justice in orchestrating staged drug arrests
2006-1-3
A Detective Police Constable, charged by the ICAC, was today (Tuesday) sentenced to 14 months' imprisonment at Kowloon City Magistracy for conspiring to pervert the course of public justice by orchestrating staged drug arrests, so that a police suspect co uld falsely present himself as an informer to reduce his criminal liability in a dangerous drug case.
Wai Ka-ming, 37, was earlier 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, 2004.
In sentencing, Magistrate Mr Sham Siu-man reprimanded the defendant for premeditating the conspiracy to pervert the course of public justice.
The magistrate added that a custodial sentence was imposed as it was more serious for a public servant to commit the offence.
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 and Chak 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 Chak 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 ar range 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 earlier pleaded guilty to his role, and was sentenced to seven months' imprisonment.
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.
Wai Ka-ming, 37, was earlier 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, 2004.
In sentencing, Magistrate Mr Sham Siu-man reprimanded the defendant for premeditating the conspiracy to pervert the course of public justice.
The magistrate added that a custodial sentence was imposed as it was more serious for a public servant to commit the offence.
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 and Chak 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 Chak 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 ar range 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 earlier pleaded guilty to his role, and was sentenced to seven months' imprisonment.
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.