The prosecution allegedly instructed a forensic psychiatrist to arrive at a particular conclusion about the mental state of a policeman accused of murdering his former girlfriend, the Court of Appeal heard yesterday. The claim was heard during an application for leave to appeal against the conviction and sentence of policeman John Tsui Chu-tin, who was convicted of stabbing his former live-in lover to death on July 18, 1998, just days before he was due to stand trial for stalking her. In June 1999, a Court of First Instance jury rejected Tsui's defence that he lost control because he was suffering from a major depressive disorder and found him guilty of murder. Tsui, 28, diagnosed as suffering a depressive disorder five months before the stabbing, had pleaded guilty to manslaughter by reason of diminished responsibility but denied murder. Neville Sarony SC, for Tsui, told the Court of Appeal the analysis of Dr Henry Yuen Cheung-hang of Siu Lam Psychiatric Centre was 'clinically flawed'. He claimed Dr Yuen had recommended that the prosecution reject Tsui's offered plea of manslaughter without even properly examining Tsui. Mr Sarony said Dr Yuen was merely filling out an order placed by the prosecution. He also said the Government had contravened public policy and the Bill of Rights Ordinance in continuing to prosecute his client for murder when he was willing to plead guilty to manslaughter on the grounds of diminished responsibility. Acting Chief Judge Michael Stuart-Moore, Mr Justice Brian Keith and Mr Justice Frank Stock reserved their judgment.