Man acquitted after death of witness

PUBLISHED : Saturday, 05 June, 2010, 12:00am
UPDATED : Saturday, 05 June, 2010, 12:00am

A judge intended to call for a retrial of a man convicted of nudging a woman with the lower part of his body on the MTR, but a key witness has died of an illness. Madam Justice Judianna Barnes Wai-ling acquitted Tung Sin-yung of indecent assault yesterday after he appealed to the Court of First Instance, saying it was unclear whether the man seen assaulting a passenger was Tung. Barnes said the witness died after Tung was convicted at Kwun Tong Court, therefore a retrial could not take place.