Lawyer targets doctors in ICAC case

Defence says medical board's ruling that a senior officer faked a back injury was influenced by an internal report

Three doctors agreed unanimously that a senior ICAC investigator was faking a back injury after they interviewed her, a prosecutor said yesterday.

But the defence in the District Court trial of Susana Chan, 43, argued that the independent medical board was under the influence of a report the ICAC submitted to it on the eve of the interview in November 2003. The report alleged that Chan was found to be malingering following a series of surveillance exercises by the anti-graft body.

Chan is accused of fraudulently obtaining 402 days of sick leave from the commission. She has claimed that her arrest was the ICAC's retaliation for her complaint that Chief Inspector Eric Yang Yan-tak had suppressed evidence in court.

Prosecutor David Fitzpatrick yesterday asked the defendant if she had received the report of the Medical Assessment Board dated November 19, 2003, which stated that three doctors said she was faking her injury. 'Yes ... It was what the doctors said,' Chan replied.

Mr Fitzpatrick argued that it was entirely legitimate for the ICAC to pursue the matter as a criminal case after reviewing the board's assessment and seeking legal advice on the case.

Chan applied for sick leave between late 2002 and late 2003, claiming she could not stay in a fixed position for a long period without feeling pain. She was arrested for breaching the Prevention of Bribery Ordinance in February 2004.