A MAGISTRATE yesterday rejected an attempt to have the Whitehead assault trial thrown out of court.
After seven days of hearing prosecution evidence, the defence for Correctional Services Department officer Cheung Foo-sang submitted in Sha Tin Court there was no case to answer.
But, before he presented his reasons, Magistrate Timothy Jenkins warned counsel Paul Tse Tak-yan: 'You are going to have your work cut out for you, Mr Tse.' Cheung, 35, faces three counts of common assault in connection with the April 7 tear-gas raid on the Whitehead detention centre.
Mr Tse cited several cases of contradicting evidence in witness statements and court testimony. He also challenged the credibility of Nguyen Van Lim, whom Cheung is alleged to have assaulted twice.
He said there were also flaws in evidence on the alleged assault of six-year-old Hoang Manh Dung, who the court heard was torn from his father's arms and thrown to the ground.
A prosecution witness, British Red Cross doctor Bob Taylor, from the High Island detention centre, yesterday told the court it was 'entirely possible' grazes on the boy could have resulted from an assault during the raid.