A convicted murderer's common-law wife robbed him of a fair trial when she fled to Canada and refused to return and testify, the Court of Appeal heard yesterday.
Chiu Siu-tung's defence barrister, Lawrence Lok, said the woman - whose actions had led to the killing - could still exonerate her jailed lover.
Mr Lok requested an adjournment in the appeal proceedings so that the woman, known as Chui Yee, could be extradited to face a murder charge over the killing of a waiter in 1991.
However, the appeal judges rejected the request and Chiu's appeal, concluding that it was unlikely Chui would return to the SAR 'this century'. The court heard that Chui had done everything in her power to block her extradition since she was arrested by Canadian police in February 1995.
Chui's arrest came after Hong Kong authorities had asked that she be returned to the territory.
The court heard that she had proceeded to take her case all the way to Canada's Supreme Court.
In May, Canadian judges found that a technical irregularity had been committed and Chui went back to the lower courts to begin her battle all over again.
