District Court dismisses ex-ICAC officer's application for stay of proceedings over fraud charges
2006-2-15
A former officer of the Independent Commission Against Corruption (ICAC), charged for allegedly obtaining sick leave by deceit, had her application for a permanent stay of proceedings dismissed by the District Court today (Wednesday).
Susana Chan, 43, former Senior Investigator of the ICAC, was charged with one count of fraud, contrary to Section 16A(1) of the Theft Ordinance.
Chan also faced four alternative charges of an agent using a document with intent to deceive her principal, contrary to Section 9(3) of the Prevention of Bribery Ordinance.
In dismissing the defence application, Deputy Judge Yau Chi-lap gave his ruling which fully vindicated the ICAC's action in carrying out an internal investigation into suspected malingering of the defendant.
The judge said there was no substance in the defence argument that surveillance carried out by the ICAC was not related to suspicion of malingering, adding that surveillance was a useful tool in detecting the alleged misconduct.
The judge also ruled that there was no evidence to support the defence assertion that the ICAC had acted in bad faith in bringing the prosecution.
The judge dismissed the defence argument that the ICAC had no jurisdiction to investigate the case. He was satisfied that the ICAC had acted in accordance with legal advice in carrying out the criminal investigation.
The prosecution was today represented by Mr Kevin Zervos SC, Senior Assistant Director of Public Prosecutions, and David Fitzpatrick, counsel on fiat.
The trial of Chan is scheduled to commence tomorrow.
Susana Chan, 43, former Senior Investigator of the ICAC, was charged with one count of fraud, contrary to Section 16A(1) of the Theft Ordinance.
Chan also faced four alternative charges of an agent using a document with intent to deceive her principal, contrary to Section 9(3) of the Prevention of Bribery Ordinance.
In dismissing the defence application, Deputy Judge Yau Chi-lap gave his ruling which fully vindicated the ICAC's action in carrying out an internal investigation into suspected malingering of the defendant.
The judge said there was no substance in the defence argument that surveillance carried out by the ICAC was not related to suspicion of malingering, adding that surveillance was a useful tool in detecting the alleged misconduct.
The judge also ruled that there was no evidence to support the defence assertion that the ICAC had acted in bad faith in bringing the prosecution.
The judge dismissed the defence argument that the ICAC had no jurisdiction to investigate the case. He was satisfied that the ICAC had acted in accordance with legal advice in carrying out the criminal investigation.
The prosecution was today represented by Mr Kevin Zervos SC, Senior Assistant Director of Public Prosecutions, and David Fitzpatrick, counsel on fiat.
The trial of Chan is scheduled to commence tomorrow.