A High Court judge facing a call to stand down from the Carrian trial was yesterday accused of betraying generations of lawyers and judges who had fought for the legal system in Hong Kong. Anthony Scrivener, QC, defending George Tan Soon-gin, said the judge's attitude was 'not the legacy we wish to leave to the next administration'. 'We are not proud of dragging a sick man along to court when it is unnecessary,' he said. Mr Scrivener said the judge should consider whether he was being biased against the defence. By insisting that Tan, who has a heart condition, attend court for preparatory hearings, the judge had betrayed those who had fought to protect Hong Kong's legal system over the years. The comments came as he completed a three-day application for the judge to remove himself from the case. Mr Scrivener has accused Mr Justice Stuart-Moore of going beyond his powers to oppress and harass the defence. His claims were backed yesterday by Tan's former barrister, Sir Michael Ogden, QC, who provided a statement for the court. Sir Michael complained that the judge had vigorously attacked the defence during earlier hearings. He was particularly concerned about being ordered to prepare an outline of Tan's defence while still working on other parts of the case. 'I remember thinking at the time it was very unfair. The defence response was done in a great hurry and under extreme pressure,' he said. Mr Justice Stuart-Moore said his recollection was that the hearing had been friendly. If Sir Michael had been unhappy he should have put his foot down, the judge added. He said the defence response was needed to save time and avoid further delays in the case, which has taken 13 years to come to trial. However, Mr Scrivener said the judge had interrupted Sir Michael 272 times in one morning session. He also accused the judge of making prejudicial comments about Tan in open court. Tan was wired up with devices that monitor his health as he stood in the dock. The judge refused to allow a doctor to see him before the day's proceedings began, saying Tan would let him know if he felt unwell. He did allow the doctor to examine him when the question of his health was raised again later. But he would not permit Tan to be excused from court when the case resumes on Tuesday. Tan faces fraud plot and corruption charges involving US$560 million (HK$4.32 billion).
