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SCMP Reporter

A TAXI driver was yesterday acquitted of misleading the ICAC after a magistrate accused the graft-fighting body of trying to brainwash the man.

  Magistrate Hugh Sinclair said he was impressed with Chan Ping-ching, 36, who managed to withstand a 'verbal assault' by the Independent Commission Against Corruption in 'oppressive interviews' to maintain his innocence.

  Eastern Court heard yesterday that despite denials, Mr Chan had been repeatedly interrogated for allegedly giving false information to an ICAC officer.

  The allegation related to Mr Chan's complaint against a police constable after a traffic accident.

  'This is not the way for the ICAC to interview people,' Mr Sinclair said.

  'It is oppressive and amounts to a form of brainwashing,' the magistrate said, accusing the body of suppressing its suspect's ability to answer questions using free will.

  Mr Sinclair heard Mr Chan was involved in a traffic accident outside the Kowloon Panda Hotel, Tsuen Wan, on August 17, 1994 after carrying three customers from Tsing Yi. Constable Leung Wing-keung took statements.

  But in October, the constable asked Mr Chan to alter the time he left Tsing Yi that day, Mr Chan claimed. He had followed the officer's instruction but decided to go to the ICAC last January.

  ICAC officer Lam Kwan-yuk took the case.

  On May 26, in relation to the accident at the Kowloon Panda Hotel, Mr Chan was convicted of careless driving and fined $1,000.

  Three months later, he first appeared in Eastern Court on the charge of misleading an ICAC officer.

  Kevin Hon, defending Mr Chan yesterday, said his client had mistakenly told the ICAC he had altered the time of the accident, forgetting the change was made to the time he left Tsing Yi.

  He argued that it was an honest mistake because Mr Chan did not have his statement with him.

  Mr Sinclair acquitted Mr Chan, noting that the Crown could not provide proof beyond reasonable doubt.

  Constable Leung denied asking the driver to change his statement.



Magistrate in attack on graft body