A retrial has been ordered for a man convicted of murdering a 13-yearold boy after the Court Of Appeal found that he had been unfairly forced to conduct his own defence.
Wu Wai-fung was left without a lawyer in his original trial three years ago when he failed to make a $329,000 contribution to the Legal Aid Department to secure the services of a lawyer.
Although a legal aid lawyer is free if a defendant is unable to pay, Wu had been assessed as having sufficient funds to make the contribution.
He had told the trial judge, Mr Justice Peter Nguyen, that he used up his savings to pay off debts but the judge refused to exempt him from making the contribution.
A three-member appeal panel said yesterday that in the interests of justice, Wu should not have been forced to defend himself throughout the 39-day trial over the kidnap and murder of Wu Ho-him, who was battered to death with a hammer on April 21, 1999. His body was later dumped down a remote cliffside in Fei Ngo Shan.
A High Court jury convicted Wu of both charges. Mr Justice Nguyen jailed Wu for life for the murder and 21 years for the kidnap. The sentences were ordered to be served concurrently.
In yesterday's judgment, Mr Justice Stuart-Moore said Mr Justice Nguyen had been empowered under the Legal Aid in Criminal Cases Rules to grant Wu legal aid without the precondition that he should first pay a financial contribution.
