Barrister rebuked for saying cries for help incited murderer to kill

A barrister's claims that his client was provoked into beating his mother to death with a hammer because she screamed and glared at him in the middle of the attack was condemned by the Court of Appeal yesterday.

His mitigation for the attack was demeaning to the legal profession and 'a blunt discourtesy' to the court, it said.

Barrister Frederic Whitehouse received a dressing down by the Chief Judge of the High Court, Mr Justice Geoffrey Ma Tao-li and Mr Justice Frank Stock during his attempt to downgrade his client's murder charge.

Ma Siu-chiu, 23, was found guilty in November 2002 of murdering his mother, Choi Lai-ying, 63, and received a mandatory life sentence. He was also found guilty of the manslaughter of his father Ma Chi-keung, 68, and was sentenced to a further 12 years, to run concurrently.

The jury had heard Ma struck his father on the head up to 10 times with a hammer on the night of July 7, 2001, after his father had nagged him. His mother was killed after receiving 'upwards of 30 blows' when she came home.

Mr Whitehouse said the mother's shouts for help and her glares while being beaten were evidence of provocation to continue beating her until she was dead.