FORMER Far East Bank chairman Mr Deacon Chiu Te-ken could not have a fair trial because he had suffered a serious deterioration in his intellectual and memory functions during the long delay, a High Court judge held.
Mr Justice Leonard, giving his reasons for stopping the criminal proceedings against Mr Chiu, was satisfied this was a rare and exceptional case and accepted Mr Chiu's medical condition was progressive and had a gravely adverse effect on his ability to conduct his defence.
But the judge, while granting Mr Chiu's application for a permanent stay of proceedings on March 31, rejected a similar request by his son, David Chiu Tat-cheong.
Father and son had lodged the application on the grounds of abuse of process and under the Bill of Rights, saying there had been a delay of 101/2 years from the time of the alleged offence to the trial date.
The judge, while of the view the delay was unjustified and that the Chius' right to a trial without undue delay as provided by the bill had been infringed, held David Chiu had failed to show it was not possible for him to have a fair trial.
Mr Chiu, 68, was acquitted. David Chiu, 38, will go on trial.
Mr Chiu was indicted on a total of 14 conspiracy charges which had allegedly occurred between 1983 and 1985 involving loans amounting to $352.5 million; David Chiu was jointly charged on six counts.