Vital evidence in the trial of a British soldier accused of manslaughter was hidden from the jury by the prosecution, it was alleged yesterday.
John McNamara, for army physical training instructor Barry Miller, 41, said it had been left to the defence to call a witness who suggested the victim may have carelessly fallen over, rather than been punched to the ground.
'The prosecution were clearly in possession of that information and yet, members of the jury, they chose to hide it from you,' the barrister said at the Court of First Instance.
'That indicates, does it not, they are desperate to get a conviction here even if it means ignoring something of vital importance. It is not good enough.' Miller denies the wounding and manslaughter of Australian airport site supervisor Gary Tait, 34, on April 20, 1997.
The prosecution alleges Miller twice punched Tait inside the New Pussy Cat Club, Wan Chai, and then knocked him to the pavement outside, inflicting head injuries which caused his death nine days later.
Miller, who was celebrating his imminent departure from Hong Kong, claims he struck the victim once inside the bar in self defence. He later found Tait, who had also been drinking, sprawled on the pavement outside and tried to save him with first aid, he said.
Mr McNamara said an ambulance officer had given evidence that a friend of the victim told him at the scene Tait had slipped and fallen over carelessly. The barrister described this as 'very important evidence'.
