Music boss cleared in Juno Mak bribe case
Thank God for my Sony Ericsson, says Chan Sai-ming as charges thrown out
The case against a former head of a record company charged with accepting bribes to prematurely end singer Juno Mak Chun-lung's recording contract was thrown out of court yesterday after a judge found investigators had hindered his access to lawyers.
District Court Judge Derek Pang Wai-cheong ruled that when Independent Commission Against Corruption officers refused to hand over a mobile phone seized before a raid at the home of Chan Sai-ming, also known as Alex Chan Siu-po, they interfered with his right to legal advice.
The court was told Mr Chan kept his lawyer's number in the mobile phone's memory bank.
'What has been revealed mid-trial supports the allegation that the defendant's phone was grabbed, pocketed and forgotten about by the ICAC,' Judge Pang said.
'It throws in doubt whether the defendant was deprived of legal representation, right at the break of his encounter with [the] ICAC.'
Judge Pang said that doubt was then also cast over whether Mr Chan intended to break his silence during subsequent recorded interviews.
After the ruling on the legal argument over the admissibility of the interviews, Prosecutor John Necholas told the court the prosecution had no further evidence.
Judge Pang ruled Mr Chan had no case to answer and acquitted him.
Outside court, a visibly relieved Mr Chan said: 'I really thank God, or should I say, thank you to my Sony Ericsson [mobile phone]'.
'It was a lesson, and was a nightmare.'
An ICAC spokeswoman told the South China Morning Post they would study the judge's ruling.
She also said it was ICAC practice to review all completed prosecutions, successful or not.
Mr Chan, 50, ex-president of Universal Music, had denied a charge of soliciting an advantage and one of accepting an advantage.
The offences allegedly took place between July 22, 2002 and July 4 last year.
The prosecution had claimed Mr Chan admitted accepting $680,000 from Juno Mak's father, telecom tycoon Clement Mak Siu-tong, to release the singer from his agreement early.
The record company had a three-year contract with Juno and his agent Mellow Studio. But Clement Mak was dissatisfied with his son's professional development, the court heard.
In May last year, the tycoon decided to set up a company to promote his son and had asked a middleman, Jackson To Kit-ho to discuss the early resolution of his son's contracts with Mr Chan, it was alleged.
The court heard Mr To then approached the defendant who agreed to terminate the contract and replace it with a distribution agreement.
Mr Chan's barrister, Cheng Huan, SC, had also argued the confessions were inadmissible because they were made under threats and inducements by anti-graft officers.
