Jaywalking trial that has dragged on for 19 months brings courts into disrepute, Hong Kong judge says, as he rules in favour of defendant who lodged judicial challenge
- Mr Justice Anderson Chow of High Court says trial of Kamala Thapa for negligently endangering her own safety should have been wrapped up in days
- Thapa suffered injuries when struck by a car in April 2016 and faces a fine of just US$64 if found guilty in interminable trial
A judge on Friday slammed a protracted trial for being a waste of judicial resources, denting the reputation of the courts, after it had dragged on for 19 months but had yet to conclude whether a woman had jaywalked.
High Court judge Mr Justice Anderson Chow Ka-ming did not hide his displeasure when handing down his ruling on a matter that could have prolonged even further Kamala Thapa’s trial over a traffic summons which – even had she been found guilty – would have cost her a fine of no more than HK$500 (US$64).
The Nepali national was put on trial at Eastern Magistrates’ Court in January last year after she was hit by a taxi while crossing Tai Tam Road outside the American Club in Stanley on April 25, 2016. Since then, 89 days of hearings have taken place.
Despite serious injuries that left her hospitalised for two months, the woman was charged with negligently endangering her own safety, to which she pleaded not guilty.
Her trial was punctuated by a dramatic episode. Presiding deputy special magistrate Ho Lai-ming – in what appeared to be a first for the city’s courts – issued an arrest warrant for Thapa’s lawyer Kelvin Leung after comments he made which she deemed offensive. Leung denied the accusations.
After subsequently changing her barrister, Thapa’s trial hit another wall when a defence witness she had called decided to withdraw halfway through giving evidence.
But Ho ordered the defence to fulfil its duty by calling the witness back, a decision that prompted Thapa and her lawyers, including Leung, to lodge a judicial challenge.