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SCMP Reporter

A FORMER government pathologist who examined a murder suspect refused to return from the United States to testify at the man's trial, the High Court heard yesterday.

  Dr William Li Chai had asked for US$2,000 (about HK$15,472) a day as compensation, even though the Crown would pay his air fare and accommodation in the territory.

  Jim Chandler, for Tang Koon-yin, 32, had applied for a stay of proceedings on charges of murder, robbery and four counts of wounding with intent because Dr Li was not available for cross-examination.

  But Mr Justice Ryan ruled that Tang could still get a fair trial without Dr Li as his notes and statement could be admitted as evidence.

  The judge refused to stay the case in June when it was first listed. Then the Crown had sought an adjournment so that Dr Li could return from the US to testify. Mr Chandler opposed the adjournment and asked for a stay. The case was adjourned.

  Prosecutor Frederic Whitehouse this week informed the judge that Dr Li refused to return to Hong Kong. Mr Chandler again asked for a stay.

  But yesterday the judge ruled he was satisfied that the Crown had taken reasonable steps to get Dr Li back.

  The doctor had assured police he would return at the end of September to testify. There were some discussions, during which he asked for US$2,000 a day compensation. In August he said he was too busy to return.

  The judge pointed out that the defence team was not told of this. It had the right to be told. Tang is accused of murdering Chung Ting-shen on August 4, 1991.



Witness absence fails to halt murder trial