The decision not to prosecute Sally Aw Sian was made entirely because of the lack of evidence, according to Director of Public Prosecutions Grenville Cross. Mr Cross' remarks were in contrast to those by Secretary for Justice Elsie Leung Oi-sie last week when she said insufficient evidence was the 'main factor'. Mr Cross, speaking on ATV's Newsline last night, said Miss Leung had only considered the public interest because she had 'received representations'. Her consideration of the matter was 'no more than academic'. 'The decision was entirely made on the basis of evidence. It was strictly unnecessary for the secretary to turn her attention at all to the second ground,' he said. Miss Leung told legislators last Thursday that insufficient evidence was the 'main factor' she considered in not prosecuting Ms Aw, named as a co-conspirator in the Hong Kong Standard circulation fraud scam. But she said she had also considered the public interest - if Ms Aw had been prosecuted her company might have collapsed, costing hundreds of jobs and sending the wrong message to the international community. Mr Cross said, 'strictly speaking, it was not necessary for Miss Leung to turn to the public interest factor because the decision had already been taken'. 'So the discussion of this aspect of the case [the public interest] is really no more than academic,' he said. He refused to say whether he had recommended Miss Leung should prosecute.