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SCMP Reporter

TWO former inmates who have accused prison officers of assaulting them were unreliable and unworthy of belief, defence counsel told the District Court yesterday.

 Deputy Judge Yung will deliver judgement next Thursday on four prison officers accused of what the Crown called a savage attack on illegal immigrants Ma Lam-hoi, 21, and Tin Wan-fei, 22, while they were in the Lai Sun Correctional Institution, Hei Ling Chau.

  On trial are Acting Principal Officer Cheng Siu-kwong, 32, and Assistant Officers II Chu Siu-fai, 21, Lee Tak-ming, 24, and Chau Ming, 29.

 In his final submission, Mr Gerard McCoy, counsel for Chu, Cheng and Lee, described Ma's evidence as ''grossly exaggerated and fanciful''.

 It was not until 50 days after the alleged assault on April 10, 1992, that he lodged a complaint, Mr McCoy said.

 Out of self-interest, Ma had made the allegations at a late stage for fear he would be held responsible for causing injuries received by Tin.

 Although Ma claimed he had received about 50 blows from the officers that day, Mr McCoy said there was not a single piece of medical or independent evidence to support the allegations.

 In a statement which Ma made to the Correctional Services Department, he denied any assault other than that by Tin.

 As for Tin, Mr McCoy said he was a sophisticated liar.

   He said Tin's evidence was incredible and exaggerated.

 Tin had falsely stated he had no opportunity to complain about the alleged assault by prison officers until May 25 last year, counsel said.

   In fact, Tin had had endless opportunities to do so, such as during visits to doctors.

 He said Tin had also falsely accused police of editing his statement on April 17 to justify his failure to lodge a complaint earlier.

 Asking the court to acquit his clients, Mr McCoy said Tin and Ma were both suspect witnesses who could not corroborate each other.

 He said it was dangerous to accept the evidence of the two former inmates without independent evidence supporting their claims.

 Medical evidence had ruined the Crown's case instead of supporting it, he said. If Tin had vomited blood as he told the court, it would have been noted by the doctor who examined him at 11 am. But the doctor said Tin was ''in good shape''.

 Prosecutor Luke McGuinniety said the court could still convict the officers even if there was a corroboration warning.

 Echoing Mr McCoy's submissions, Chau's counsel, Anthony Yuen, said there was no satisfactory explanation as to why no complaint was made by Tin until May 25 last year.

 Mr Yuen said the grievous bodily harm in question related to Tin's traumatic pancreatitis and there was clear evidence that Chau had not inflicted this.

 He said what caused the grievous bodily harm was unclear, adding that Tin's credibility and reliability were in doubt.

 The defendants face a joint count of causing grievous bodily harm with intent to Tin, while Chu, Cheng and Lee are jointly charged with assault occasioning actual bodily harm to Ma. The two offences allegedly happened in the duty officer's office.

 Lee faces a further count of assault occasioning actual bodily harm, while Chu faces a count of common assault.

   The Crown alleged these two offences happened in the corridor outside a cell and that Tin was assaulted by Chu, and Ma was assaulted by Lee.

 The defendants have denied all charges.

 The court heard that Tin and Ma had fought in their cell.



Defence attacks credibility of inmates who claim beating