Feng shui master Peter Chan jailed for forging billionaire's will to claim her fortune appeals saying his Hong Kong trial wasn't fair
Peter Chan's lawyer says huge publicity over his client's fight for Nina Wang's billions left him with no chance when accused of forging will
Worldwide publicity over Peter Chan Chun-chuen's fight for billionaire Nina Wang Kung Yu-sum's fortune left the feng shui master-turned-Christian unable to get a fair hearing when he was put on trial for forging her will, his lawyer told an appeal hearing yesterday.
Chan, 55, is trying to clear his name and overturn his 12-year-jail term stemming from his conviction for forging Wang's will and using the fake document to claim her HK$83 billion estate. He is appealing against both his conviction and his sentence at the Court of Appeal.
His new lawyer James Wood QC said the case involved "unique features" as seven judges had ruled that Chan forged the will in various probate proceedings prior to the 2013 criminal trial.
In addition, Wood said, media reports about the probate case were broadcast not just in the city but "all around the world".
He said the findings of the probate case were like "the elephant in the room" in Chan's criminal trial. It made Chan the most recognisable person to enter a local court and potential jurors would already have heard about him. "A fair trial is not possible [for Chan]," Wood said.
Wood added that the prosecutor repeated the civil judgments in his opening statement and the trial judge did not give adequate direction to the jury, thus preventing a fair trial.
He said the court accepted the civil case's finding - that the will presented was forged - as evidence. Given the unusual background, the lawyer argued that the judge, in directing the jury, should explain how the burden of proof and the assessment of evidence differed between civil and criminal proceedings.