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A judge intended to call for a retrial of a man convicted of nudging a woman with the lower part of his body on the MTR, but a key witness has died of an illness. Madam Justice Judianna Barnes Wai-ling acquitted Tung Sin-yung of indecent assault yesterday after he appealed to the Court of First Instance, saying it was unclear whether the man seen assaulting a passenger was Tung. Barnes said the witness died after Tung was convicted at Kwun Tong Court, therefore a retrial could not take place.
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