Constable jailed for perversion over wounding case

2006-11-17

A Detective Police Constable, charged by the ICAC, was today (Friday) sentenced to 18 months' imprisonment at the District Court for perverting the course of public justice by inducing an assailant in a wounding case to make a false statement to the Polic e.

Chan Yat-chuen, 36, was today found guilty of one count of doing acts tending and intended to pervert the course of public justice.

In sentencing, Judge Chua Fi-lan said perverting the course of public justice was a serious offence, especially for the defendant who was a police officer.

The judge said the public demanded a higher degree of integrity from police officers. Hence, a custodial sentence was imposed on the defendant.

The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the perversion offence.

The court heard that at the time of the offence, the defendant was attached to the District Crime Squad 2 of Tai Po Police Station.

In February 2004, the defendant participated in an investigation of a wounding case, in which the daughter of a Tai Po district councillor was attacked with corrosive acid.

Acting on police intelligence, the defendant and his team members arrested Ken Chan Ying-kin for his alleged involvement in the case.

Chan admitted to the defendant that he was ordered by a Lam Ming-wing to carry out the attack.

The court heard that the defendant had instructed Chan to concoct a false version of events with a view to covering up Lam's involvement by naming a fictitious person called "Billy" as the instigator.

At the Tai Po Police Station, Chan provided the concocted version during his video cautioned interview by the defendant.

Upon conclusion of the cautioned interview, Chan was taken to another office where the defendant and his team members demanded a true version of the events from him.

Without Chan's knowledge, the defendant used a digital recording pen to record this "informal" interview.

On July 30, 2004, the ICAC arrested the defendant and searched his locker in Tai Po Police Station, where the digital recording pen was recovered.

On February 26 this year, two more video cautioned interviews were conducted with Chan by another police officer, while the defendant was on leave.

During those interviews, Chan gave details about the involvement of Lam and other persons, including himself, and admitted that the version involving "Billy" was fabricated in order to protect the assailants, the court was told.

The prosecution was today represented by prosecuting counsel Thomas Iu, assisted by ICAC officer Paul Ngan.
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