Judge failed to ensure Hongkonger’s right to fair trial in firebomb case 4 years ago, appeal court rules
- Court of Appeal overturns arson, possession of illegal articles charges against waitress after judge Ernest Michael Lin failed to offer her chance to defend herself
- It also finds Lin made remarks, such as ‘what on earth are you saying?’ and ‘why, you do not understand?’ during trial
A Hong Kong judge who previously faced misconduct complaints failed to ensure a waitress he jailed for 34 months in a firebomb case four years ago received a fair trial, a court has ruled.
Three Court of Appeal jurists quashed two charges of arson and possession of illegal articles against Lam Tin-wing on Friday, saying District Judge Ernest Michael Lin Kam-hung named her an accomplice while sentencing her co-defendants when she was not yet found guilty, and did not offer her a reasonable chance to defend herself.
They highlighted various instances during the trial where Lin usurped the prosecutor’s role to challenge the defendant when she gave evidence and rejected her claims as incomprehensible and incredible without giving sufficient reasons.
The bench was also taken aback by the trial judge’s refusal to let the accused rest when she became emotionally unstable during the proceedings.
Mr Justice Derek Pang Wai-cheong, who penned the judgment, said the prosecution’s case was strong and Lam’s conviction would have stood had the irregularities appeared as separate, unrelated incidents.
“But, putting them altogether, an informed bystander can hardly dispel the suspicion that the court believed the case was already proved beyond doubt, and that the applicant who chose to plead not guilty and contest [the charges] was merely wasting time, so it was unnecessary to pay heed to her impression on the entire proceedings and examine her defence seriously,” Pang said.