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Procuring conviction over taped sex act
A man, who with his girlfriend had himself filmed while having sex with a married woman, was yesterday cleared of two counts of rape.
Danny Chan Tsun-tao, 45, had originally pleaded not guilty in the Court of First Instance to one count each of rape and attempted non-consensual buggery, and to three counts of procuring an unlawful sexual act by false pretences.
Midway through the trial, Mr Justice Gareth Lugar-Mawson decided that the facts of the case warranted the bringing of another count of rape against Chan, to which he also pleaded not guilty.
After being sequestered for the night at the High Court, the jury of three men and three women, by a majority of  5-1, found Chan not guilty of both counts of rape as well as administering a drug to obtain or facilitate an unlawful sexual act. The jury also found Chan not guilty of attempted non-consensual buggery and one of the procuring charges.
He will be sentenced today after being found guilty of the two remaining procuring charges.
It was alleged that Chan, with the help of his mistress, Wong Wai-sum, first raped a friend of Wong known only as Ms V, and then tricked her into having sex. The offences were alleged to have occurred over several months since the start of last year.
Wong, who pleaded guilty to one count of aiding and abetting a rape and to the three procuring charges, gave evidence against Chan.
Mr Justice Lugar-Mawson told prosecutor Michael Arthur  that since the alleged rape had not been proved beyond reasonable doubt, he would entertain an application to allow Wong to change her pleas in relation to the rape charge and the procuring charges  of which Chan was cleared.
Rape carries a maximum of life, while procuring using false pretences carries a maximum of five years.
The trial, which had been scheduled to last 15 days, had extended to 34 days as the court heard in vivid detail the allegations of Ms V - whose testimony, given behind a screen, lasted about eight days - and Wong.
The jury was shown several videos of the alleged rape and follow-up encounters between Chan and Ms V, and occasionally Wong.
The initial rape was alleged to have happened on January 13 last year, after Wong had tricked her friend into visiting her flat.
Wong and Chan, who had been having an extramarital affair for several years, had allegedly planned to procure a second woman so Chan could enjoy a menage a trois  that would be secretly filmed.
The prosecution claimed Ms V was drugged using flunitrazepam  - a sleeping drug - and ketamine, and then raped while Wong filmed it.
Several days later, it was alleged, Wong contacted Ms V, who was married, telling her she had just heard an audio recording of the alleged rape. Wong allegedly told her she should return text messages from Chan so he did not make the recording public.
Ms V told the court both Wong and Chan insisted that if she wanted the tape back she would have to have sex with him again. Frightened that it would become public she relented.
However, Chan denied the rape had ever taken place, saying the sex had been consensual and that Ms V had been a willing participant.



Jury clears video-rape suspect of two counts