A magistrate relied too heavily on an alleged attacker's hair colour in finding a hospital worker guilty of indecently assaulting a patient, a judge said yesterday. Mr Justice Barnabas Fung Wah, in the Court of First Instance, was explaining why he had ordered a retrial on Tuesday for Poon Sai-lun, 50, who was convicted after a patient said her alleged attacker's hair was reddish orange, like his. 'I found it was not desirable for the magistrate to make a judgment based on the colour of the hair,' the judge said, adding that Kowloon City Court Deputy Magistrate Ko Wai-hung had not given enough weight to the defence evidence. Poon, a married father of two, was charged after the woman complained that a hospital worker had prodded and brushed her breasts on the pretext of checking whether she had removed her bra and necklace after she was sent to the accident and emergency department of Queen Elizabeth Hospital, Yau Ma Tei, with a headache and abdominal pain on July 10 last year. He was sentenced to six months in jail in February, but appealed. Prosecutors said during the original hearing that the victim had been molested by a man in uniform wearing a surgical mask, aged about 50 with a dark complexion and reddish-orange hair. The patient later identified Poon as the attacker, as his hair was reddish orange. In his judgment yesterday, Fung said that the magistrate had not had enough justification to reject the defence evidence. 'Also there are issues such as whether the victim had mixed up the workers, who were all in uniform,' the judge said. In the appeal, Poon's lawyer said the magistrate appeared to have put the burden on the defence to prove Poon was innocent, which would be contrary to the normal principle.