A VIETNAMESE boat person who wants to go home to be with his ailing mother yesterday fought in the High Court moves to prevent him leaving until he gives evidence as a defence witness at a murder trial.
Pham Si Dung, who is represented by Philip Dykes, is required by a defendant to be his alibi witness.
But Pham, who has sought voluntary repatriation to Vietnam to be with his mother, is fighting an attempt by the Attorney-General to keep him in the territory until he can testify.
A High Court application made by Senior Assistant Crown Prosecutor Steve Bailey on behalf of the Attorney-General said Pham was needed to secure a fair trial for the defendant.
Mr Bailey said there was no other practical means of ensuring the witness stayed other than through a detention order from the High Court.
Mr Justice Kaplan asked if it was possible to release Pham into the Hongkong community since he had not committed any offence, and repatriate him after he testified. But Mr Bailey said there was a risk of Pham absconding as his priority was to go back toVietnam.
The court was told there were 36 defence witnesses and 56 Crown witnesses being detained to give evidence at various trials.