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'Evidence did not justify fraud charge'

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There was no reasonable prospect of convicting Sally Aw for circulation fraud, the justice chief argued yesterday.

It would therefore have been wrong in principle to prosecute her.

In her 14-page statement to the Legco panel on administration of justice and legal services, Secretary for Justice Elsie Leung Oi-sie rejected suggestions that she should have prosecuted Ms Aw provided there was 'some evidence against' her.

'No one must be subjected to a criminal trial unless clear evidence exists to justify that course.

'To initiate a prosecution simply to exonerate the Secretary for Justice from suspicion when there is not sufficient evidence to provide a reasonable prospect of conviction would amount to a miscarriage of justice,' said Miss Leung.

She also rejected views that since Ms Aw stood to benefit from the crime she must have been responsible for it.

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