Witness who won't talk jailed

FOREIGN exchange dealer Michael Lam Yih-jiun was jailed for six weeks yesterday for failing to testify against tycoon Albert Yeung Sau-shing for alleged criminal intimidation and false imprisonment.

Magistrate Paul Kelly said the custodial penalty should serve as a warning that witnesses had to do their duty and give evidence.

At the time of the trial, Lam, 31, said he did not want to testify at the trial in May because he was 'very frightened'.

And, breaking his silence yesterday, he compared his fear in the witness box to the feelings of a rape victim testifying before a jury.

'I was really frightened. How could you expect a victim in a rape case to give evidence when she felt scared?' he said. Lam is the prime witness in a separate case to be heard in March next year in which his former client, Sze Kung-yee, is charged with attempting to pervert the course of public justice.

He intends to go ahead with his evidence in that trial. 'I don't want to be sent to prison again,' he said.

Mr Kelly, who was also in charge of the tycoon's trial in May, released Lam on $50,000 bail pending an appeal against conviction and sentence.

Lam also had to surrender his travel documents after the magistrate refused to let him go to Canada next week on business.

James Chandler, for Lam, said there had been no inquiry into his client's memory loss and there was too little evidence to show Lam wilfully avoided questions.

But, at the end of a six-month legal debate, Mr Kelly decided a custodial sentence was appropriate.

The magistrate said he had considered Lam's reasons for not giving evidence.

'Lam is not the only witness who had failed to say what he knew,' he said. 'He is, however, the only one who honestly said he was not willing to give evidence because he was frightened.' Mr Kelly ruled that Mr Yeung had no case to answer on charges of false imprisonment and criminal intimidation following the memory loss of all five witnesses.

Lam's new wife, former television actress Cecilia Yiu, had tears in her eyes after hearing the sentence.

Outside Western Court, Lam said Mr Yeung, whom he had not seen since May, was a boss of 'dignity and majesty'. He respected the Emperor tycoon, but also felt frightened of him.