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SCMP Reporter

A TAXI driver accused of beating and raping a karaoke club hostess was acquitted yesterday when the woman told the High Court she had asked to be tied up, gagged and blindfolded during sex.

 The 23-year-old woman, who has a history of mental illness, testified that Chan Wai-ming reluctantly tied her up after she pleaded with him to do so.

  She got into this habit when she was a dance hostess, she said, adding that otherwise sex would be very boring.

   Her evidence led to the acquittal of Mr Chan, who had denied one count each of rape, wounding with intent, and robbery, just two hours after a jury was empanelled.

  The Crown decided not to call further evidence against Mr Chan, who was defended by John McLanachan, and the jury found him not guilty of all three offences on the direction of Mr Justice Ryan.

 The court heard that the woman, who had on four occasions been treated at Castle Peak Hospital for schizophrenia and was last discharged a month ago, met Mr Chan in June last year when she got into his taxi.

  Prosecutor Michael Poll said the woman first had sex with Mr Chan on July 15 last year in a Kowloon Tong villa after he promised to lend her $20,000.

  They met again late on September 6, the court heard, and Mr Chan told her that he would give her money to redeem a ring she had pawned.

 He drove her to Sai Kung and asked to have sex with her, but she refused, saying that she wanted to be taken to Kowloon Tong, counsel said.

 Mr Chan, however, started to caress her and it was the Crown's case that when the woman pushed him away, he tied her up, put on a condom and had sex with her against her will.

  It was alleged that he then pulled her out of the car and, ignoring her pleas to release her, blindfolded and gagged her before knocking her head on the ground.

  The woman lost consciousness. She freed herself when she came round, Mr Poll said.

 Police were informed and she was taken to a hospital where she was found to have lost two front teeth and to be covered in bruises and lacerations.

  When Mr Chan was confronted by the police, he allegedly told them he had not meant to harm the woman, but when she asked for money from him, he was angry and hit her.

 He admitted to police he had hit her with a rock and pushed her down the slope after taking her handbag, but denied having sexual intercourse with the woman.

 Giving evidence, the woman, who spoke rapidly and was incoherent at times, admitted borrowing $23,000 from Mr Chan soon after meeting him.

 She said they first had sex in a Kowloon Tong villa. She had enjoyed it and wanted to have sex again, in a taxi.

 On the evening in question, she said they had a lot to eat and drink and when Mr Chan said they should have some fun, she was uncertain what to do.

 She suggested he should tie her up, she said.

 Mr Chan reluctantly agreed after she pleaded with him. She said she became very excited and suggested that he should make love to her, which he did.

 However, she said it was not enough and wanted more excitement, so she asked him to blindfold and gag her, which he did.

 But, because she had had too much to drink, she fell out of the taxi and her head hit a rock and bled, she said.

 She said Mr Chan later tried to untie her.

  She said she became angry because he left her on the roadside.

 She went to a nearby house to get a drink and told the occupant someone had tried to kill her. Despite her telling them not to call the police, they did so.

 The woman, now a restaurant receptionist, said she did not want people to know about the affair and did not want the world to know about her habits.

  While she confirmed she was carrying a bag that evening, she did not know what had happened to it. She suggested that perhaps Mr Chan had kept it for her, fearing she would lose it.

  The woman said that before taking the stand no one had approached or threatened her over the testimony she would give.



Violent sex with driver initiated by 'victim'